Newark Municipal Code Ch. 17.21 Landscaping

The purpose of the landscaping regulations is to:

A. Improve the appearance of the community by requiring permanently maintained landscaping;

B. Aid in energy conservation by providing shade from the sun and shelter from the wind;

C. Soften the appearance of parking lots and other development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;

D. Promote conservation and efficient use of water; and

E. Implement the Water Conservation in Landscaping Act.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The provisions of this chapter shall apply to the following:

A. All new development.

B. Additions to multi-unit and non-residential development that expand existing floor area by ten percent or more.

C. All new and rehabilitated landscaping projects that include new irrigated landscaping over five hundred square feet.

D. Exceptions. The provisions of this chapter do not apply to the following:

1. Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.

2. Public recreational areas (designated for active play, recreation, interpretation or public assembly).

3. Registered local, state or federal historical sites.

4. Habitat restoration projects that do not require a permanent irrigation system.

5. Mined-land reclamation projects that do not require a permanent irrigation system.

6. Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The following areas shall be landscaped, and may count toward the total area of the site required to be landscaped by the zoning district regulations:

A. Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.

[Figure: FIGURE 17.21.030.A: AREAS TO BE LANDSCAPED, REQUIRED SETBACKS]

FIGURE 17.21.030.A: AREAS TO BE LANDSCAPED, REQUIRED SETBACKS

B. Interior Property Lines Abutting Residential Districts. Whenever a non-residential use is located adjacent to a residential district or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least fifteen-gallon size shall be planted per twenty linear feet or as appropriate to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per twenty linear feet.

1. Commercial or Industrial Use. Ten foot wide landscaped buffer yard.

2. Other Non-residential Uses. Six foot wide landscaped buffer yard.

[Figure: FIGURE 17.21.030.B: AREAS TO BE LANDSCAPED, INTERIOR PROPERTY LINES ABUTTING RESIDENTIAL DISTRICTS]

FIGURE 17.21.030.B: AREAS TO BE LANDSCAPED, INTERIOR PROPERTY LINES ABUTTING RESIDENTIAL DISTRICTS

C. Building Perimeters. The portions of a non-residential building that front a public street shall have one or more landscape planters installed along a minimum twenty percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or corner side property line.

[Figure: FIGURE 17.21.030.C: AREAS TO BE LANDSCAPED, BUILDING PERIMETERS]

FIGURE 17.21.030.C: AREAS TO BE LANDSCAPED, BUILDING PERIMETERS

D. Parking Areas. Parking areas as required by Chapter 17.23, Parking and Loading.

E. Stormwater Treatment Areas. Areas designated for landscape-based stormwater treatment to satisfy regional stormwater permit requirements.

F. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or hydroseeded. The director may waive this required for areas planned for future development.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A landscape plan showing compliance with the standards of this chapter shall be submitted with the permit application for all projects for which landscaping is required.

A. Proposed plant locations, species, sizes, and plant factor. Plants with similar water needs shall be grouped together on the landscape plan. The plant factor, established in the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS), shall be identified for all landscaped areas on a site. All water features shall be identified as high water use, and temporarily irrigated areas shall be identified as low water use.

B. Location of any existing trees over six inches in diameter, as measured at forty-eight inches above natural grade, and whether each such tree is proposed for retention or removal.

C. Alternative Landscape Plan. An applicant may demonstrate that the intent of the landscape requirements of this section can be achieved through an alternative landscape plan. The alternative landscape plan shall be prepared in accordance with the principles and design criteria set forth in this section and shall clearly detail the modifications being requested from the provision of this section and how they reflect the evaluation criteria listed below:

1. Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use.

2. Preservation or incorporation of existing native vegetation.

3. Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.

4. Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design, this may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided.

5. Use of additional shade trees to create a greater canopy effect.

6. A greater degree of compatibility with surrounding uses than a standard landscape plan would offer.

D. Preparation by Qualified Person. Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than two units shall be prepared by a California Registered Landscape Architect. The architect shall indicate compliance with this chapter with a written statement on all prepared landscape construction plan sets and intended compliance on all preliminary or conceptual plans.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Materials.

1. General.

a. Required landscaped areas shall be planted with a combination of ground covers, shrubs, vines, and trees. Fifty percent of all trees shall be evergreen species.

b. Landscaping may also include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

c. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than thirty percent of the area required to be landscaped.

d. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

2. Required Water Efficient Plants. Plants shall be one of the following options shall be chosen to ensure that the landscape project meets water efficiency requirements:

a. Option A: All Low Water Plants. Exclusive of garden areas, all plants and trees shall be low or very low water use (average California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS) plant factor of 0.3). Option A is available for all residential and non-residential areas.

b. Option B: Primarily Low Water Plants. Exclusive of garden areas, at least eighty-five percent of the landscape area shall contain low or very low water use plants (average WUCOLS plant factor of 0.3). Option B is only available for residential areas.

c. Option C: Water Use Calculation. The estimated total water use (ETWU) of the landscaping shall not exceed the maximum applied water allowance (MAWA), calculated pursuant to the State Model Water Efficient Landscape Ordinance (MWELO). Option C is available for all residential and non-residential areas.

i. Department of Water Resources Model Water Efficient Landscape Ordinance Compliance Required. Where Option C is selected, all requirements of the Department of Water Resources Model Water Efficient Landscape Ordinance shall apply.

3. Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of the following size and spacing at the time of installation:

a. Ground Covers. Ground cover plants other than grasses must be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per twelve inches on center.

b. Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

c. Trees. All required trees shall be twenty-four-inch box or greater in size. All other trees shall be a minimum fifteen-gallon size.

i. Tree trunks shall be placed at least five feet from utilities.

ii. Tree trunks shall be placed at least fifteen feet from light poles.

4. Turf. Turf, defined as a ground cover surface of mowed grass, is subject to the following limitations.

a. No more than twenty-five percent of the landscaped area may be turf.

b. The installation of turf on slopes greater than twenty-five percent is prohibited.

c. Turf is prohibited in locations that are less than ten feet wide.

5. Invasive Plants Prohibited. Plant species that are listed by CAL-IPC as invasive are prohibited. Existing invasive plants and noxious weeds shall be removed.

6. Mulch. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

7. Compost. Compost at a rate of at least four cubic yards per one thousand square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test) shall be incorporated.

B. Water Features. Recirculating water shall be used for all decorative water features.

C. Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

D. Visibility. Landscaping shall meet visibility requirements at street intersections and driveways pursuant to Chapter 10.36, Visibility Requirements, of the Newark Municipal Code.

E. Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three years after planting.

F. Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

An automatic irrigation system shall be installed that meets the following standards:

A. General Requirements.

1. All irrigation equipment must meet American National Standards Institute (ANSI), American Society of Agricultural and Biological Engineers/ International Code Council (ASABE/ ICC) 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard".

2. The following areas shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

a. Slopes exceeding twenty-five percent.

b. Areas less than ten feet wide in any direction.

3. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas such as adjacent property or hardscapes.

a. Irrigation systems shall be designed for zero run-off onto paved surfaces unless that surface drains to another landscape area.

b. Spray irrigation must be placed two-feet away from impervious surfaces unless that surface drains to another landscape area.

c. Proper irrigation equipment and schedules, including features such as repeated cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

d. Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour, and check valves shall be utilized.

B. Sprinkler Heads. Where used, sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

1. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of .65 or higher using the protocol defined in ASABE/ICC 802-2014.

2. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

C. Water Meters. A dedicated meter for irrigation is required for non-residential projects with landscape areas of one thousand square feet or more.

D. Pressure Regulating Equipment. Pressure regulating valves or assemblies shall be installed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

E. Flow Sensors. Flow sensors are required to detect high flow conditions created by system damage on all non-residential projects one thousand square feet and greater and residential projects five thousand square feet and greater.

F. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

1. Automatic irrigation controllers shall utilize either evapotranspiration or soil moisture sensor data, or rain sensing override devices.

2. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

G. Control Valves. Plants which require different amounts of water should be irrigated by separate valves.

H. Check Valves. Where required on steep slopes, check valves shall be installed to prevent low-head drainage.

I. Master Shut-off, Gate or Ball Valves. Locate valves as close as possible to the point of connection of the water supply, and place where needed to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

B. Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project.

C. Exception—Assurance of Landscaping Completion. The director may permit the required landscaping to be installed within one hundred twenty days after the issuance of a certificate of occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to one hundred fifty percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within one hundred twenty days, must be filed with the city to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the city of any costs incurred in contracting for completion of the required landscaping.

D. Certification of Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of completion shall be submitted to the city by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies.

1. Where required Water Efficient Plan Option C: Water Use Calculation, was installed, the applicant shall submit a certificate of completion pursuant to the Department of Water Resources Model Water Efficient Landscape Ordinance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)