Escondido Municipal Code Art. 62 Water Efficient Landscape Regulations

Editor's note—Ord. No. 2010-01, § 4, adopted February 3, 2010, amended Article 62 to read as herein set out. Formerly, Article 62 had pertained to the same subject matter and had been derived from Ord. No. 95-21, Ord. No. 93-12 and Ord. No. 91-55.

The state legislature determined in the Water Conservation in Landscaping Act (the "Act"), Government Code Section 65591 et seq., that the state's water resources are in limited supply. The legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The general purpose of this article is to establish water use standards for landscaping in the City of Escondido that implement the 2006 development landscape design requirements established by the Act.

Consistent with the legislature's findings, the purpose of this article is to:

(a) Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible;

(b) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction;

(c) Promote the use, when available, of tertiary treated recycled water, for irrigating landscaping;

(d) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use for landscaping to the lowest practical amount; and

(e) Encourage water users of existing landscapes to use water efficiently and without waste.

(Ord. No. 2010-01, § 4, 2-3-10)

This article implements the Water Conservation in Landscaping Act. The requirements of this article reduce water use associated with irrigation of outdoor landscaping by setting a maximum amount of water to be applied to landscaping, and by designing, installing and maintaining water efficient landscapes consistent with the water allowance.

(Ord. No. 2010-01, § 4, 2-3-10)

The following definitions shall apply to this article:

"Automatic irrigation controller"

means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers shall schedule irrigation events using either evapotranspiration (ETo) (weather-based) or soil moisture sensor data.

"Backflow prevention device"

means a safety device that restricts irrigation water from backing up into drinking water systems to prevent contamination of the water supply.

"Building permit"

means a permit issued by the City of Escondido to engage in a certain type of construction on a specific location.

"Certified landscape irrigation auditor"

means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other accredited certification program.

"Developer"

means a person who seeks or receives permits for or who undertakes land development activities who is not a single-family homeowner. Developer includes a developer's partner, associate, employee, consultant, trustee or agent or any person who has any other business or financial relationship with the developer.

"Director"

means the director of community development for the City of Escondido or anyone whom the director has designated or hired to administer or enforce this article.

"Discretionary permit"

means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or denial.

"Estimated total water use (ETWU)"

means the estimated total water use in gallons per year for a landscaped area.

"ET adjustment factor (ETAF)"

means a factor that when applied to reference ETo, adjusts for plant water requirements and irrigation efficiency, two major influences on the amount of water that is required for a healthy landscape.

"Evapotranspiration (ETo)"

means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time period. ETo is expressed in inches per day, month, or year and is an estimate of the ETo of a large field of four inch to seven inch tall, cool season turf that is well watered. Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated.

"Grading"

means any importation, excavation, movement, loosening, or compaction of soil or rock.

"Hardscape"

means any durable surface material, pervious, or nonpervious.

"Homeowner-provided landscaping"

means landscaping installed either by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner.

"Hydrozone"

means a portion of the landscape area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.

"Invasive species"

means species of plants not historically found in California that spread outside cultivated areas and may damage environmental or economic resources.

"Irrigation audit"

means an inspection which includes an in depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit may include, but is not limited to, inspection, system tune up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow and preparation of an irrigation schedule.

"Irrigation efficiency"

means the measurement of the amount of water beneficially used divided by the water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.

"Landscaped area"

means an area with outdoor plants, turf and other vegetation. A landscaped area includes a water feature either in an area with vegetation or that stands alone. A landscaped area may also include design features adjacent to an area with vegetation when allowed under section 33-1327. A landscaped area does not include the footprint of a building, decks, patio, sidewalk, driveway, parking lot or other hardscape that does not meet the criteria in section 33-1327. A landscaped area also does not include an area without irrigation designated for nondevelopment such as designated open space or area with existing native vegetation.

"Landscape Design Manual"

means the manual, prepared or designated by the director that establishes specific design criteria and guidance to implement the requirements of this article.

"Licensed"

means licensed by the State of California.

"Low head drainage"

means a sprinkler head or other irrigation device that continues to emit water after the water to the zone in which the device is located has shut off.

"Low volume irrigation"

means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip lines or bubblers.

"Mass grading"

means the movement of soil per Article 55.

"Maximum applied water allowance (MAWA)"

means the maximum allowed annual water use for a specific landscaped area based on the square footage of the area, the ETAF and the Reference ETo.

"Mulch"

means an organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel or decomposed granite left loose and applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature, or prevent soil erosion.

"Overspray"

means the water from irrigation that is delivered outside an area targeted for the irrigation and makes contact with a surface not intended to be irrigated.

"Pervious"

means any surface or material that allows the passage of water through the material and into underlying soil.

"Plant factor"

means a factor when multiplied by the ETo, estimates the amount of water a plant needs.

"Public water purveyor"

means a public utility, municipal water district, municipal irrigation district, or municipality that delivers water to customers.

"Recycled water"

means wastewater that has been treated at the highest level required by the California Department of Health Services for water not intended for human consumption.

"Reference evapotranspiration"

means a standard measurement of environmental parameters which affect the water use of plants. Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated.

"Runoff"

means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area.

"Special landscaped area"

means an area of the landscape dedicated to edible plants, an area irrigated with recycled water, or an area dedicated as turf area within a park, sports field, or golf course where turf provides a passive or active recreational surface.

"Subsurface irrigation"

means an irrigation device with a delivery line and water emitters installed below the soil surface that slowly and frequently emit small amounts of water into the soil to irrigate plant roots.

"Transitional area"

means a portion of a landscaped area that is adjacent to a natural or undisturbed area and is designated to ensure that the natural area remains unaffected by plantings and irrigation installed on the property.

"Tertiary treated recycled water"

means water that has been through three levels of treatment including filtration and disinfection.

"Turf"

means a groundcover surface of mowed grass.

"Water feature"

means a design element where open water performs an aesthetic or recreational function. A water feature includes a pond, lake, waterfall, fountain, artificial streams, spa and swimming pool. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices are not water features; and therefore, are not subject to the water budget calculation.

"WUCOLS"

means Water Use Classification of Landscape Species and refers to the Department of Water Resources 1999 publication or the most current version.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) This article and the requirement to obtain an outdoor water use authorization as part of the permitting process shall apply to the following projects which require a building permit or a discretionary permit:

(1) A project for an industrial, commercial, institutional, or multifamily residential use where the landscaped area is greater than or equal to 2,500 square feet;

(2) Developer installed residential and common area landscapes where the total landscaped area for the development is greater than or equal to 2,500 square feet;

(3) A new single-family residence with homeowner provided landscaping where the landscaped area is greater than or equal to 5,000 square feet;

(4) A model home that includes a landscaped area;

(5) A public agency project that contains a landscaped area 2,500 square feet or more;

(6) A rehabilitated landscape for an existing industrial, commercial, institutional, public agency, or multifamily use where a building permit or discretionary permit is being issued and the applicant is installing or modifying 2,500 square feet or more of landscaping;

(7) A cemetery under limited requirements in section 33-1329;

(8) A new single-family residence with homeowner provided landscaping, where the landscape area is less than 5,000 square feet, under limited requirements in section 33-1328.

(A)

(b) This article and the requirements hereof shall not apply to the following:

(1) A registered local, state or federal historical site;

(2) An ecological restoration project that does not require a permanent irrigation system;

(3) A mined land reclamation project that does not require a permanent irrigation system;

(4) A botanical garden or arboretum, open to the public;

(5) Any single-family residence that is being rebuilt after it was destroyed due to a natural disaster, such as a fire, earthquake, hurricane or tornado.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) No person shall install landscaping for a project subject to this article without the review and approval required by this article.

(b) A person constructing a project subject to the requirements of this article shall obtain approval for the landscaped area as follows:

(1) A person applying for a building permit for a single-family residence shall obtain an approval of the landscaping from the director as part of the permitting process.

(2) A person applying for a discretionary permit described in section 33-1323:

(A) Shall submit a landscape concept plan as required by the discretionary permit application. The concept plan shall include representation of the site features, proposed planting areas, and the proposed method and type of irrigation;

(B) Shall obtain approval for landscaping as part of the permitting process for each building permit for each project segment that requires installation of a water meter or connection to an existing water meter;

(C) May use "typical" plans for developer-installed landscaping for single-family homes.

(c) A person may submit an application to modify the outdoor water use authorization required by this article on a form provided by the director.

(1) An applicant requesting modification of an authorization for a single-family residence where the total landscaped area after modification is less than 5,000 square feet shall comply with section 33-1328.

(2) An applicant requesting modification of an authorization other than the type of project in subsection (1), shall comply with sections 33-1326 through 33-1326-4.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) The director shall administer and enforce this article.

(b) The director shall prepare a landscape design manual or may designate the current county of San Diego Landscape Design Manual as the Escondido Landscape Design Manual to provide guidance to applicants on how to comply with the requirements of this article.

(c) An applicant for a project subject to this article shall include with the application, all fees established by the City of Escondido to cover the cost to review an application, any required landscape documentation package, and any other documents the city reviews pursuant to the requirements of this article.

(Ord. No. 2010-01, § 4, 2-3-10)

Rock and stone or pervious design features, such as decomposed granite ground cover that are adjacent to a vegetated area may be included in the calculation of the MAWA and ETWU provided the features are integrated into the design of the landscape area and the primary purpose of the feature is decorative.

(Ord. No. 2010-01, § 4, 2-3-10)

An applicant for a building permit for a new single-family residence subject to this article where the landscaped area of the project is less than 5,000 square feet shall, as a condition of obtaining a building permit, submit an application to establish a MAWA and/or a best landscape design practices checklist for the property on the form approved by the director.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) A person submitting an application for a cemetery shall include the following:

(1) A concept plan, as described in section 33-1324;

(2) A water efficient irrigation worksheet that calculated the MAWA for the project with the application that complies with section 33-1326-3;

(3) A landscape irrigation and maintenance schedule that complies with section 33-1334.

(Ord. No. 2010-01, § 4, 2-3-10)

The following regulations shall apply to the use of turf on a project subject to this article:

(a) Only low volume or subsurface irrigation shall be used for turf in a landscaped area:

(1) On a slope greater than 25% grade where the toe of the slope is adjacent to an impermeable hardscape; and

(2) Where any dimension of the landscaped area is less than six feet wide.

(b) On a commercial, industrial, institutional or multifamily project, no turf shall be allowed on a center island median strip, on a parking lot island, or in a public right-of-way.

(c) A ball field, park, golf course, cemetery and other similar use shall be designed to limit turf in any portion of a landscaped area not essential for the operation of the facility.

(d) No turf shall be allowed in a landscaped area that cannot be efficiently irrigated, such as avoiding runoff or overspray.

(Ord. No. 2010-01, § 4, 2-3-10)

A person who obtains a permit to construct a single-family residential development that contains a model home or homes shall provide a summary of this article to each adult visitor that visits a model home. If an adult visitor is accompanied by one or more adults during the visit, only one set of written materials is required to be provided. Each model home shall provide an educational sign in the front yard of the model home visible and readable from the roadway that the home faces that states in capital black lettering at least two inches high on a white sign:

THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) A person who obtains a permit for a project that is subject to this article shall use recycled water for irrigation when tertiary treated recycled water is available from the water purveyor who supplies water to the property for which the city issues a permit.

(b) A person using recycled water shall install a dual distribution system for water received from a public water purveyor. Pipes carrying recycled water shall be purple.

(c) A person who uses recycled water under this section shall be entitled to an ETAF of 1.0.

(d) This section does not excuse a person using recycled water from complying with all state and local laws and regulations related to recycled water use.

(Ord. No. 2010-01, § 4, 2-3-10)

A person issued a landscape approval for a project, other than a single-family residence where the landscaped area of the project is less than 5,000 square feet, shall install the approved landscaping and irrigation system before final inspection of the project.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) A property owner using water on property subject to a landscape approval other than a single-family residence with a total landscaped area less than 5,000 square feet, shall prepare a maintenance schedule for the landscaping and irrigation system on the project. The schedule shall provide for: (1) routine inspection to guard against runoff and erosion and to detect plant or irrigation system failure; (2) replacement of dead, dying and diseased vegetation; (3) eradication of invasive species; (4) repairing the irrigation system and its components when necessary; (5) replenishing mulch; (6) soil amendment when necessary to support and maintain healthy plant growth; (7) fertilizing, pruning and weeding and maintaining turf areas; and (8) maintenance to avoid obstruction of motorists' view. The schedule shall also identify who will be responsible for maintenance.

(b) After approval of a landscape plan, the owner is required to:

(1) Maintain and operate the landscaping and irrigation system on the property consistent with the MAWA;

(2) Maintain the irrigation system to meet or exceed an irrigation efficiency necessary to meet MAWA;

(3) Replace broken or malfunctioning irrigation system components with components of the same materials and specifications, their equivalent or better;

(4) Ensure that when vegetation is replaced, replacement plantings are representative of the hydrozone from which the plants were removed and are typical of the water use requirements of the plants removed, provided that the replaced vegetation does not result in mixing high water use plants with low water use or very low water use plants in the same hydrozone.

(Ord. No. 2010-01, § 4, 2-3-10)

Prior to receiving final approval for completion of the project, each applicant, other than for a single family residence with a total landscaped area less than 5,000 square feet, shall submit a signed certificate of completion and final documentation for the project under penalty of perjury within 10 days after installation.

(a) The certificate of completion shall:

(1) Be submitted on a form provided by the city;

(2) Include a statement verifying that the landscaping and irrigation were installed as allowed in the approved landscape and irrigation plan, all approved soil amendments were implemented, the installed irrigation system is functioning as designed and approved, the irrigation control system was properly programmed in accordance with the irrigation schedule, and the person operating the system has received all required maintenance and irrigation plans;

(3) Be signed by the professional of record for the landscape design.

(b) The final submittal shall include:

(1) Irrigation schedule that complies with section 33-1326-5, that describes the irrigation times and water usage for the project;

(2) A landscaping and irrigation system maintenance schedule that complies with section 33-1334; and

(3) A soil management report that complies with section 33-1326-1, if the applicant did not submit the report with the landscape documentation package;

(4) Final "as built" plans, submitted by the professional of record, where there have been significant changes to the landscape plan during the installation of landscaping or irrigation devices or irrigation system components.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) No person shall use water for irrigation that due to runoff, low head drainage, overspray or other similar condition, water flows onto adjacent property, nonirrigated areas, structures, walkways, roadways or other paved areas.

(b) No person whose landscape is subject to a landscape approval pursuant to this article shall apply water to the landscape in excess of the MAWA.

(c) A person who violates subsections (a) or (b) shall be subject to the administrative remedies procedures set forth in sections 1A-1 et seq., of this code.

(d) The city may also obtain an injunction against a person who continues to violate subsections (a) and (b) after receiving a notice of violation pursuant to section 1A-6.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) Whenever the city has reasonable grounds to believe that a person is violating section 33-1336, the city may inspect the property and any irrigation system or water feature on the property. If a person refuses consent to an inspection, the city may obtain an inspection warrant pursuant to Code of Civil Procedure sections 1822.50 et seq. No person shall interfere with a city inspector conducting an inspection authorized by this article.

(b) The city may randomly audit outdoor water use on any property for which it issued a water use authorization pursuant to this article to determine compliance with the authorization. A person who owns or occupies property subject to a water use authorization, shall be deemed to consent to the audit of outdoor water use if the person engages in outdoor water use on the property.

(Ord. No. 2010-01, § 4, 2-3-10)

(a) The director of community development shall administer and enforce the provisions of this article. Any city authorized personnel or enforcement officer may exercise any enforcement powers as set forth in the code.

(b) The city may delegate to or enter into a contract with a local agency or other person to implement and administer any of the provisions of this article on behalf of the city.

(c) A person whose application for a water use authorization or for modification of a water use authorization is denied may appeal the denial to the planning commission by making a written request for the appeal to the director within 10 calendar days of the denial. The request for the appeal shall be accompanied by a filing fee, which shall be established by resolution of the city council. The planning commission shall consider the matter within 45 days after the appeal is filed. The 45 day period may be extended upon the written consent of the appellant. The planning commission, by a majority vote, may approve, modify, or disapprove the decision of the director.

(d) Any interested party may appeal the decision of the planning commission to the city council within 10 calendar days following the date of the planning commission action. All appeals to the city council shall be in writing, shall be filed with the city clerk, and shall be accompanied by a filing fee, which shall be established by resolution of the city council. The appeal shall state the decision from which the appeal is taken, and shall contain a concise statement of the reasons for the appeal. Wherever possible, the council shall set all appeals of decisions of the planning commission for hearing before the council within 30 days of the date the appeal is filed. By majority vote, the council may approve, modify or disapprove the decision of the planning commission.

(Ord. No. 2010-01, § 4, 2-3-10)

The following standards shall apply to the installation and maintenance of all landscaped areas to which this article applies:

(a) General.

(1) Use of plant materials. A high percentage of water conserving plant materials shall be utilized in all designs. The use of turf is therefore discouraged. Areas approved for turf will require the use of lower water usage turf varieties. A higher percentage of turf may be allowed if it is an essential part of the development, such as athletic playing fields for schools or parks upon review of the landscape plans by the city.

(2) Turf species. Turf species should be limited to low to moderate water using varieties such as Bermuda grass, Buffalo grass, Bahia grass, Zoysia grass and Tall Fescue hybrids, rather than bluegrass or ryegrass variety. Turf shall not be used in areas less than five feet wide, medians, slopes 4:1 or greater, and when not visible from public or occupants view (i.e., behind fences).

(3) Plant lists. New landscaping should use water conserving plant materials that are native to the San Diego region or are adapted to a hot dry summer/cool winter climate. Non-native or adapted varieties that require large amounts of irrigation to survive the hot dry summer season are to be avoided.

(4) Quality of plants. All plant material shall conform to the requirements described in the latest edition of American Standards for Nursery Stock published by the American Association of Nurserymen.

(5) Landscape design. Existing vegetation should be incorporated into the landscape design where possible. (For removal of mature trees and sensitive biological habitat species refer to sections 33-1068 and 33-1069).

(6) Rocky slopes. Requirements contained in this document may be varied for landscaping on slopes which are composed primarily of rocks or granite, as determined by the director. Justification of the request shall require a landscape architect's written statement and proposed alternatives for landscaping.

(7) Trash enclosure areas. Where required, as determined through a plot plan approval process, for industrial, commercial and multifamily residential projects, trash enclosure areas shall contain a minimum three foot planting area at the base of the enclosure wall when the enclosure is visible from the street or surrounding properties. The landscaping in the planting area shall consist of vertical planting (vines, hedges) which will screen the enclosure and irrigation.

(b) Off-street parking areas. All off-street parking shall conform to off-street parking standards, sections 33-760 through 33-769. In addition, off-street parking areas which include more than 10 parking spaces shall be landscaped to conform to the following:

(1) General.

(A) Planting in parking areas should consist of a mixture of deciduous and evergreen shade trees, groundcover, low shrubs and mulch to provide 100% coverage. Trees must be a minimum of 15 gallons and six feet in height. No turf within the islands or the tree wells of the parking lot shall be allowed.

(B) All rows of parking spaces shall be provided with curbed terminal islands to protect parked vehicles and facilitate circulation. Wheel stops shall be provided for each parking space and placed 18 inches from the front of each parking space. Terminal islands shall be a minimum of five feet wide and shall contain at least one tree for each row of parking spaces for which the island is serving.

(2) Interior landscaping.

(A) A continuous curbed center island, not less than five feet wide, shall be provided between each double row of parking spaces. Wheel stops may be excluded if the center island is expanded to eight feet wide. The island shall incorporate a minimum of one tree per four opposing parking spaces and groundcover or shrub planting to provide 100% coverage within two years of planting. Trees shall be provided with root control barriers; or

(B) Tree wells, four feet by five feet square minimum, resulting from the conversion of two opposing full-size parking spaces to compact, shall be provided at a rate of one tree per six opposing parking spaces in conformance with sections 33-760 through 33-769; or

(C) Finger islands, a minimum of five feet wide, parallel with the row of parking spaces, may be utilized for every four abutting parking spaces. Each finger island shall contain at a minimum one tree.

(3) Perimeter landscaping.

(A) Perimeter landscaping is located along interior boundary lines, not fronting along the street, and shall provide landscaping not less than five feet wide and at least one tree for each 30 linear feet of planting. Trees may be planted singly or in clusters; or

(B) Landscaping of front yard setbacks, where required, shall provide a minimum of one tree for every 30 feet of frontage with shrub planting and groundcover and shall provide a visual screen of three to four feet high within two years of planting. Trees may be planted singly or in clusters; or

(C) Landscaping of front yard setbacks, where required, shall provide a minimum of one tree for every 35 linear feet of frontage with mounding three feet to four feet higher than the finished elevation of the parking lot, including groundcover, or turf (not to exceed 25% of frontage landscaped area) and shrubs for 100% coverage, within two years of planting.

(c) Planting on slopes.

(1) All manufactured slopes over three feet high shall be planted with an appropriate and attractive mix of trees, shrubs and groundcovers;

(2) Groundcover to provide 100% coverage within one year of installation.

(d) Commercial/industrial developments.

(1) The following standards shall apply to all commercial and industrial zones. Specific standards may be developed for the downtown specific plan or an approved area plan.

(A) A landscape strip must be located on the subject property, adjacent to the public right-of-way, except when a setback is not required within the zone.

(B) Trees, shrubs, groundcover to provide 100% coverage of those areas not utilized for building, parking, storage or trash enclosure. Embellished pavement and inert materials may be used for up to 25% of the required landscaping. Variations in these requirements may be specifically approved by the director.

(2) Perimeter planting area. In addition to landscape requirements for parking areas, required front yard, side yard and rear yard setbacks for industrial and commercial uses shall be landscaped with trees, shrubs, and groundcovers.

(3) Loading areas. Loading areas for commercial and industrial uses shall incorporate landscaping to provide screening of the loading area from public rights-of-way, adjacent uses and pedestrian circulation.

(4) Buffer areas. Where commercial or industrial use abuts a residential use a landscaped buffer area shall be provided. The buffer area shall be planted with a minimum of one tree per every 25 linear feet to the adjacent property. (This calculation establishes the number of required trees; tree placement does not have to be linear or equal spacing.) Shrubs and groundcover shall be planted to provide 100% coverage within two years of planting. Where possible, vines shall be grown onto walls and fences to soften their appearance.

(e) Residential development.

(1) Single-family subdivisions.

(A) Front yard landscaping installed by the developer shall contain, at a minimum, one tree (15 gallon minimum and six feet in height) per lot, placed in varying locations on each lot in addition to the required number of street trees.

(B) Common areas and recreation areas shall contain trees, shrubs, groundcovers, and/or turf (turf shall not exceed 40% of the landscaped area) to provide 100% coverage within two years. Embellished pavement and inert materials may be used for up to 25% of the required landscaping, may be specifically approved by the director.

(2) Multifamily. Landscaped areas in multifamily projects shall contain, at a minimum, the following:

(A) One tree per dwelling unit shall be provided in the common landscaped area in addition to the required number of street trees.

(B) All areas not used for walkways, driveways, or other hard surface shall be landscaped with shrubs, groundcovers and turf. Turf areas shall not exceed 40% of total landscaped area and shall be located in areas where the turf is functional (i.e., play areas) unless specifically approved by the director.

(C) In addition to landscape requirements for parking areas, required front yard, side yard and rear yard setbacks shall be landscaped with trees, shrubs, groundcover and/or turf. Pavement shall be limited to pedestrian walkways.

(f) Medians and parkway planting standards (within the public right-of-way)—General. New development or modifications to existing development requiring administrative or discretionary approval shall be required to landscape or bond for the landscaping of the parkway and/or median as determined by the city engineer and the director of parks and recreation.

(1) Medians.

(A) Embellished pavement (i.e., stamped concrete, brick, river rock set in mortar) shall be used for all areas within the median which measure five feet wide or less. Additionally, embellished pavement may be used in conjunction with planting for a minimum of 15% and a maximum of 30% of the area within the median, as determined by the director of parks and recreation.

(B) Topsoil provided for the median shall be suitable for plant growth and free of harmful substances or hazardous materials. Class A topsoil (as defined in Section 212-1.1.2 of the Standard Specification for Public Work Construction) shall be required for all medians and parkway planting areas.

(C) Medians shall be planted with trees which are a minimum of 15 gallon, six feet high and a two inch caliper; unless palms are used, which shall be a minimum of six foot brown trunk height (BTH). Trees shall be at least three feet from any median curb and not closer than 20 feet from the nose of the median (the city engineer may require greater setbacks for specific situations).

(D) Shrubs shall be spaced to provide 100% coverage within (2) years.

(E) Groundcovers shall provide 100% coverage within one year of planting unless mulches are used. Turf grass shall not be used in medians.

(2) Parkways.

(A) Landscaping within the street right-of-way shall be maintained by the adjacent property owner.

(B) Areas within or adjacent to the public right-of-way (not including medians) installed by the developer/property owner and which are maintained by the homeowner's association or the city through landscape maintenance districts shall conform to the following:

(i) Parkways located between the curb and the sidewalk shall be a minimum of six feet wide unless altered by special engineering constraints as determined by the city engineer and shall contain trees as per the street requirements. Parkways may meander, thus reducing or increasing the minimum distance from the curb. The ground surface shall be planted with low spreading shrubs or groundcover to provide 100% coverage. Turf shall not be used unless specifically approved by the director or director of parks and recreation.

(ii) Parkways located between the sidewalks and the edge of development shall contain at a minimum one fifteen (15) gallon tree for every 30 linear feet of frontage. (The calculation establishes the number of required trees; the trees are not required to be located linear or equally spaced.) Although not specifically required, planting areas of variable widths are encouraged, particularly for projects with frontages exceeding 150 feet. Trees without invasive roots and root control barriers shall be required.

(iii) The ground surface shall contain shrubs, mulch, or groundcover to provide coverage within two years. Turf shall not be used unless in areas wider than six feet and approved by the director. If a wall or fence separates the development from the street, planting vines or espalier shrubs may be incorporated into the planting design.

(3) Standard specifications for landscaping and irrigation installation may be obtained from the parks and recreation department.

(g) Revegetation standards. Revegetation of graded slopes and other disturbed areas adjacent to areas of native vegetation is required to provide visual and biological compatibility with the adjacent native plant materials (reference Article 55).

(1) Invasive, non-native plant materials are prohibited in revegetation areas and shall be removed.

(2) Permanent irrigation should be avoided where it is contiguous to existing native vegetation. The distance irrigation equipment is placed from natural vegetation shall be determined by the director on a case-by-case basis.

(3) All manufactured slope areas shall be covered, within 30 days of completion of grading, with plant material straw mulch, jute netting or other approved material for erosion control (reference section 33-1062).

(4) Plantings shall consist of annuals, perennials, groundcovers, shrubs, and trees compatible with adjacent native vegetation, capable of surviving without permanent irrigation.

(h) Standards for irrigation systems.

(1) Temporary systems. Aboveground irrigation systems may be utilized for temporary irrigation and must be removed when no longer operational. Installation shall comply with all applicable health and safety codes.

(A) Temporary irrigation systems, such as above-ground UV-resistant pipe irrigation, may be approved by the director for revegetated areas and transitional planting where the plant materials, once established, will not require irrigation.

(B) Unless otherwise approved by the director, temporary systems shall operate for a maximum of a two year period.

(2) Slope irrigation.

(A) On-grade irrigation systems may be approved for slope areas planted in native vegetation and/or in areas of highly erosive or extremely rocky soils, and for temporary systems.

(B) Permanent on-grade systems shall be galvanized steel pipe, fittings and heads, and shall be secured to slopes.

(C) Ultra-violet resistant (UV) piping (i.e., brown line) may be used upon approval of the director. UV fittings, risers, as well as pipe stabilizers and stakes shall be required.

(3) Reclaimed water systems.

(A) Irrigation systems utilizing reclaimed water shall comply with City of Escondido design standards or industry standards.

(B) The percentages of allowed turf may be varied for projects which have an approved reclaimed water system at the time of approval of the landscape and irrigation plans.

(C) Dual piping irrigation systems shall be encouraged for large open landscaped areas such as playgrounds, golf courses, playing fields, etc., for the purpose of utilizing reclaimed water when available.

(i) Installation and maintenance standards.

(1) Planting installation.

(A) All trees shall be staked in accordance with the City of Escondido standard tree staking detail.

(B) Groundcover shall be planted in a triangular pattern spaced to ensure 100% coverage within one year of installation.

(C) A minimum three inch layer of mulch material shall be applied to all shrub and tree planted areas.

(2) Landscape maintenance.

(A) The property owner shall be responsible for the maintenance of landscape materials through regular routine maintenance to ensure that plant material is maintained in a flourishing manner. Dead or diseased plants must be replaced within 90 days from when the director makes a determination that the plant must be replaced. Failure to do so constitutes a violation of this article. The property owner shall receive a written notice of noncompliance.

(B) The required three inch depth of mulch areas shall be maintained at all times for all shrub and tree planted areas.

(C) Plants shall be selectively pruned in accordance with professional trimming standards to maintain their intended shapes and sizes, and to ensure due health of the species and safety of the public. Trimming, pruning and shaping of mature trees as permitted by section 33-1068(b), shall not involve topping, but may allow removing up to one-third of the living crown during a single pruning in order to establish or maintain a crown ratio that is twice as high as the trunk, or as deemed appropriate by the director.

(D) Irrigation systems shall be consistently maintained and adjusted to eliminate water waste and ensure the healthy survival of the plant material.

(j) Street trees standards. The following standards apply for tree selection location and planting of street trees within the city. The standards apply to the number of trees, not the specific spacing.

(1) Location of trees.

(A) Street trees shall be located within the public right-of-way (ROW) or within a five foot additional width easement behind the ROW. Generally speaking, the tree will be located approximately three to eight feet behind the curb or sidewalk.

(B) Street trees shall be located and maintained to preserve a clear zone of at least 10 feet from fire hydrants, utility poles, overhead utility wires, street light luminaries, and aboveground utility structures such as transformer enclosures.

(C) Street trees shall be planted at least five feet from underground utility such as water, storm drain, gas, electric and telephone, and eight feet from any sewer lines.

(D) The tree shall be placed away from the intersection so as to allow for adequate site distance. The allowable site distance shall be determined by the city engineer.

(E) The tree shall not restrict bus loading or unloading.

(F) The tree shall be at least three feet from any meter box.

(G) The tree shall be at least eight feet from driveways.

(2) Number of trees. In all commercial, industrial and residential development, there shall be a minimum of one street tree for every 30 linear feet of street frontage within or adjacent to the development.

(3) Additional requirements.

(A) The minimum size street tree shall be a 15 gallon, two inch caliper and six feet in height, in accordance with AAN standards.

(B) All trees shall be double-staked using treated lodgepole pine stakes and flexible rubber ties. Remove any nursery stakes. Trees located within six feet of pavement shall be provided with root barriers.

(C) All trees shall have a watering basin around the tree, except in turf areas, and shall receive deep watering to promote deep rooting until established or based on individual tree demands.

(D) Palms used as street trees shall be a minimum of six foot brown trunk height (BTH). Single-stem trees such as palms which do not lend themselves to top trimming will not be permitted under utility wires.

(4) Street tree maintenance and replacement.

(A) Newly planted trees shall be watered until established and shall be maintained in a flourishing manner. Trees shall be replaced with a minimum 15 gallon size tree consistent with the suggested street tree list.

(B) All street trees shall be watered by the abutting owner in front of whose property such trees are planted.

(C) The planting, removal, trimming, pruning of trees in all public parks, parkways and street right-of-way within the City of Escondido shall be maintained by the director of parks and recreation.

(5) Removal of trees in public right-of-way.

(A) No person shall cut down, destroy or move a tree growing or located within any public street right-of-way or public park within the city, without first obtaining a written permit from the director of parks and recreation. The director of parks and recreation may refer the application to another department, committee, or person for comments and recommendations.

An application for a permit shall contain the number, species, size and location of the tree or trees involved, a statement of the reason for the requested action and any other pertinent information. The following criteria shall be considered when granting a permit:

(i) The condition of the tree with respect to its health, public nuisance or public safety;

(ii) Consideration of whether the tree(s) removal is necessary and relocation and redesign cannot be avoided in order to construct public improvements and utilities;

(iii) Consideration of whether the removal is necessary to control erosion, soil retention or diversion or increased flow of surface water;

(iv) The effect of removal of the tree will have on historic value, scenic value, and general welfare of the city as a whole.

(B) The following replacement values shall be considered when granting a permit:

(i) Any tree authorized to be removed shall be replaced by the permittee with a tree conforming to the official street tree list on a one for one basis with a tree of a size and location approved by the director of parks and recreation.

(ii) Subject to physical condition of the tree, the species, size and the location, off-site relocation or replacement as determined by the director of parks and recreation as an alternative mitigation measure may be considered if on-site replacement or relocation is not feasible. Off-site replacement trees shall be placed on a city-owned property. Relocation of the tree to an on-site location shall be a consideration prior to off-site replacement or relocation.

(C) Emergencies.

(i) Trees that pose a safety, health hazard or public nuisance may be removed as determined by a peace official, fire fighter, civil defense official or code enforcement officer in their official capacity.

(ii) Public utilities subject to the jurisdiction of the Public Utilities Commission of the state, without a permit, may take such action as may be necessary to comply with the safety regulations of the commission and as may be necessary to maintain a safe operation of their facilities.

(Ord. No. 2010-01, § 4, 2-3-10)