Lincoln Municipal Code Ch. 15.28 Landscaping Regulations

The ordinance codified in this chapter shall be known and referred to as the "Water efficient landscaping ordinance for the city of Lincoln."

(Ord. 586B §2(part), 1992)

The intent of this chapter is to establish rules and regulations relating to tree planting and landscaping within all districts of the city in compliance with the Water Conservation In Landscaping Act beginning with Section 65591 of the Government Code for the state of California. Said legislation requires that steps be taken by city and county agencies to assure that water conservation methods are incorporated in landscape standards throughout California. This chapter serves to establish water efficiency standards for design, installation and maintenance of landscaping and irrigation systems to assure avoidance of excessive water use and to maintain healthy plant growth in new development projects.

(Ord. 586B §2(part), 1992)

These standards shall apply to all required landscaping proposed as part of projects that are subject to review by the design review board in accordance with Chapter 18.64 of this code, except for projects which meet the following criteria:

(1) Single-family dwellings built on lands subdivided pursuant to a final or parcel map approved by the city council prior to July 1, 1979;

(2) Any single-family residential project with a landscaped area containing less than 2,500 square feet in planted and landscaped coverage;

(3) Existing public parks and school grounds unless there is an alteration to planting or irrigation systems requiring obtaining a building permit from the Lincoln building department;

(4) Cemeteries;

(5) Registered historical sites;

(6) Ecological restoration projects that do not require a permanent irrigation system; or

(7) Mined-land reclamation projects that do not require a permanent irrigation system.

(Ord. 586B §2(part), 1992)

The public works director shall have the jurisdiction and control of the design and extent of all irrigation, planting, setting out, location and placement of all trees and landscaping in the street rights-of-way of the city. The public works director shall also have the supervision, direction and control of the care, trimming, removal, relocation and replacement thereof and may require a permit for any or all of the above areas.

(Ord. 586B §2(part), 1992)

The words used in this chapter shall have the meaning set forth below:

"Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

"Automatic controller" means a mechanical or solid state timer capable of operating valve stations to set the days and length of time of a water application.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Emitter" means a drip irrigation fitting that delivers water slowly from the system to the soil.

"Establishment period" means the period at which the plant has established itself where the plant can live without supplemental watering, usually within one or two years of planting.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

"Irrigated landscaping" means an irrigated surface layer of earth containing landscaping composed of groundcover, shrubs, trees and other plants. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included.

"Mined-land reclamation projects" means any surface mining operation with reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Moisture sensor" connects to the automatic controller, to signal irrigation only when the sensor detects low moisture in the plant root zone.

"Mulch" means any organic material such as leaves, bark or straw left loose and applied to the soil surface for the beneficial purpose of reducing evaporation and erosion.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area and across property lines or into the public right-of-way.

"Single-family development" means a dwelling unit consisting of a building or mobile home on a permanent foundation with provisions for sleeping, cooking and sanitation, and with permanent connections to utilities, providing living space for one family.

"Station" means a planted area served by one valve or by a set of valves simultaneously.

"Turf" means a surface layer of earth containing grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass and Buffalo grass are warm-season grasses.

"Valve" means a device used to control the flow of water in the irrigation system.

(Ord. 586B §2(part), 1992)

Prior to installing landscaping and irrigation, final landscape plans, prepared by a licensed landscape architect or licensed landscape contractor shall be submitted for review and approval in accordance with Chapter 18.68 of this code. Final plans shall include details consistent with the submittal requirements indicated in Chapter 18.68; including, but not limited to, plant materials set in a logical, orderly manner, in scale and relation with the building and neighborhood; and other structural features such as fountains, artworks, screens, walls, berms, benches or fences. Plans shall incorporate the minimum requirements regarding percentage of irrigated landscape coverage, percentage of turf coverage, percentage drought tolerant plants proposed and details on irrigation systems to assure efficient use of water.

(Ord. 586B §2(part), 1992)

Development standards for projects which qualify pursuant to Section 15.28.030 of this chapter are as follows:

(1) Landscape Coverage. Except where additional turf area is determined needed for passive or active recreational use by the design review board, no more than 25 percent of the project site covered by irrigated landscaping shall be devoted to turf. At least 50 percent of the project site covered by irrigated landscaping shall be drought tolerant/low water use plants, as suggested by the Sunset Western Garden Book or equivalent publication. The remaining nonturf plants which are nondrought tolerant variety, shall be grouped together by hydrozone and shall be irrigated separately.

(2) Use of Turf. Turf shall be discouraged in median areas, in parkway areas less than six feet in width and on slopes of ten percent or greater. Turf shall be prohibited within the drip line of native oak trees. Turf areas exceeding 1,000 square feet or used as an essential part of development, such as golf courses or playing fields, shall utilize soil moisture sensors as part of their irrigation system.

(3) Mulch Coverage. All planted areas, except those with lawns, native forested areas, established groundcover or other low lying shrub areas shall include mulch material to an average thickness of at least two inches throughout, except in the immediate vicinity of plant stems.

(4) Permanent Irrigation System Design. Irrigation systems shall be designed to prevent over-spray, run-off, low-head drainage or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Drip, trickle or other low volume irrigation methods are encouraged. All irrigation systems shall incorporate automatic controllers and be designed such that there are separate valves serving each of the following areas:

a. Turf areas;

b. Areas planted with drought tolerant/low water use plants;

c. Areas planted with nondrought tolerant plants.

(5) Temporary Irrigation System Design. Use of temporary irrigation for open space or hydroseeded areas shall be removed after the establishment period.

(Ord. 586B §2(part), 1992)

All landscaping and irrigation shall be installed under the supervision and inspection of a qualified professional. Prior to final building inspection, landscaping and irrigation systems shall be installed according to the approved plans. An extension of time for completion of landscaping and irrigation system installation may be granted by the public works director if implementation is secured by an agreement or posting of adequate bond or cash deposit to guarantee performance under the agreement as required by the public works director. Prior to final inspection and issuance of a certificate of occupancy by the building official, a letter signed by a licensed landscape architect, or the landscape contractor who performed the installation, shall be submitted to the public works director and the building official certifying that landscaping and irrigation for the project has been installed in accordance with the approved plan.

(Ord. 586B §2(part), 1992)

Final landscaping approval must be received from the public works director prior to issuance of a certificate of occupancy or release of the bond or cash deposit which guarantees completion of landscaping.

(Ord. 586B §2(part), 1992)

Projects involving any preservation or removal of existing trees on the project site shall comply with Chapter 18.69 of this code.

(Ord. 586B §2(part), 1992)

To establish planting and assure proper operation of the irrigation system the developer/owner shall either:

(1) Enter into a minimum 90-day maintenance contract between the developer/owner and a licensed landscape contractor. A copy of the contract shall be submitted for review and approval by the public works director pursuant to Section 15.28.090 of this chapter before final landscape approval is granted by the public works director. Criteria in the maintenance contract should contain the following minimum provisions:

a. Erosion and sedimentation control;

b. Establishment of healthy plants or replacement of dead or injured plants;

c. Maintenance of tree staking;

d. Weed abatement;

e. Irrigation maintenance of all valves and heads to remain in satisfactory operational condition for the life of the contract; or

(2) Post a bond or cash security with the public works director at the value of the landscape and irrigation installations for a minimum of 90 days. Bond or security may be released upon inspection and approval by the public works director.

(Ord. 586B §2(part), 1992)

All woody plants within the city right-of-way shall be the responsibility of the city to prune, spray, brace, remove or replace. All landscaping and irrigation on private property shall be maintained by the developer and any subsequent owners of such real property. Landscaped areas shall be kept free of weeds, litter and debris. All pruning maintenance shall be in accordance with acceptable horticultural practices and in any case where a required planting has not survived, said planting shall be replaced within 30 days upon notice of the public works director. If landscaping and irrigation has not been improved to proper standards within the time specified in the notice, the developer and any subsequent owners of such real property shall be subject to an infraction or penalties or other actions pursuant to Chapter 1.16 of this code.

(Ord. 586B §2(part), 1992)

Operation of landscape irrigation system which is broken or for other reason wasting water is prohibited pursuant to Section 13.04.440 of this code. The owner of the property shall repair or correct the irrigation system within five days of written notice by the public works director.

(Ord. 586B §2(part), 1992)

The installation of trees and planter boxes on street frontages are required no more than 30 feet apart at existing and proposed sidewalks of at least ten feet in width. The location of trees shall be coordinated with all existing utility poles, drains, signs, fire hydrants, etc. Tree species shall be approved from the master tree list.

(Ord. 586B §2(part), 1992)

Open loading areas and outdoor storage facilities shall be screened from all abutting parcels by dense planting at least six feet in height and not less than three feet wide or by a solid lumber fence, masonry wall or cyclone fence with wood slats at least six feet in height. In no case shall such buffering create safety hazard to oncoming traffic.

(Ord. 586B §2(part), 1992)

Within a parking lot there shall be at least five percent of the parking area landscaped. All planting materials and their height at maturity shall be designated on the plan. Any unused space resulting from the design of the parking lot shall be used for landscaping purposes.

(Ord. 586B §2(part), 1992)

Granite curbs and hitching posts shall be preserved or reset unless reasons are submitted for removing certain sections to facilitate access for handicapped ramps, driveways, drainage considerations or the like.

(Ord. 586B §2(part), 1992)

The public works director shall make information available to the public on this chapter. The public works director shall also prepare and distribute guidelines and information on water-saving landscaped design techniques on an ongoing basis.

(Ord. 586B §2(part), 1992)

Any person aggrieved by an act or determination of the public works director in exercise of the authority granted him or her in this chapter has the right of appeal to the city council, whose decision, after a public hearing of the matter, shall be final and conclusive.

(Ord. 586B §2(part), 1992)