§ 17.44

In addition to the general purposes identified in Chapter 17.10 (Enactment and Applicability of Zoning Code), the specific purposes of this Chapter are to:

A.

Provide general landscape requirements common to various zoning districts;

B.

Encourage quality landscape designs;

C.

Enhance the appearance of all development by requiring the design, installation, and proper maintenance of landscaping and by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

D.

Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., large specimen plants) are retained;

E.

Protect public health, safety, and welfare by minimizing the impact of various forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety;

F.

Encourage the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas;

G.

Ensure the protection of landmark, native, and specimen trees to the extent specified in Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code;

H.

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

I.

Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

J.

Establish provisions for water management practices and water waste prevention for existing landscapes;

K.

Use water efficiently without waste by setting a Maximum Applied Water Allowance an upper limit for water use and reduce water use to the lowest practical amount;

L.

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

M.

Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

N.

Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance.

(Ord. 7324, § 2, 2018)

17.44.020 - Applicability

A.

Landscaping required. All projects shall provide and maintain landscaping in compliance with the provisions of this Chapter.

B.

Landscaping plans subject to review.

1.

Submittal of plans required. Final landscape and irrigation plan, plans for projects subject to the Water Efficient Landscape requirements of this chapter, and plans for the ornamental use of water, including fountains and ponds, shall be submitted to the Zoning Administrator for review for compliance with the requirements of this Chapter.

2.

Approval by Zoning Administrator required. The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the Zoning Administrator and any applicable permits have been issued. For projects subject to the Water Efficient Landscape requirements, approval of the Landscape Documentation Package by the Zoning Administrator, or his/her designee, is also required prior to installation.

3.

Changes to final plans. Changes to the approved final landscape and irrigation plans or Landscape Documentation Package that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

C.

No construction resulting in injury or removal of trees. No construction shall be allowed that results in the injury or removal of a landmark, native, or specimen tree, as those terms are defined in Chapter 8.52, unless the appropriate findings are made in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

(Ord. 7324, § 2, 2018)

17.44.030 - Preliminary Landscape Plan

A.

Plan required.

1.

A preliminary landscape plan shall be submitted as part of an application for a land use entitlement.

2.

Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code before issuance of a Building Permit.

3.

Where a project is subject to the Water Efficient Landscape requirements in Section 17.44.050, the Preliminary Landscape Plan may also include the required elements of the Landscape Documentation Package.

B.

Intent of preliminary landscape plan.

1.

The preliminary landscape plan shall meet the purpose of this Chapter by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, theme, and similar attributes.

2.

The preliminary landscape plan shall provide the Zoning Administrator with a clear understanding of the landscaping program before preparation of the detailed final landscape and irrigation plan.

3.

The preliminary landscape plan shall meet the intent of Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

C.

Landscape architect required. Preliminary landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.

D.

Waiver of requirements. The Zoning Administrator may waive the requirement for a preliminary landscape plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.

(Ord. 7324, § 2, 2018)

This Section provides standards for preparation and submittal of the final landscape and irrigation plan.

A.

Submittal of plan.

1.

A final landscape and irrigation plan (e.g., construction documents) for on-site landscaping shall be submitted following approval of the land use entitlement application by the Zoning Administrator.

2.

Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code, before issuance of a Building Permit.

3.

Where a project is subject to the Water Efficient Landscape requirements in Section 17.44.050, the Final Landscape and Irrigation Plan shall also include the required elements of the Landscape Documentation Package.

B.

Waiver of plan requirements. With the exception of projects subject to the Water Efficient Landscape Requirements in Section 17.44.050, the Zoning Administrator may waive the requirement for the preparation and submittal of a final landscape and irrigation plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.

C.

Landscape architect required. Final landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.

D.

Landscape plan contents. The landscape plan shall be drawn on project base sheets, be fully dimensioned, and include all of the information below:

1.

Plant selection and grouping. Any plants may be used in the landscape, providing the plants meet the requirements below.

a.

Plants having similar water use shall be grouped together in distinct hydrozones.

b.

Plants shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site.

c.

Existing trees shall be preserved in compliance with Section 17.44.090 (Tree Retention).

Content of plans. Landscape plans shall include all of the necessary information as determined by the Zoning Administrator. At a minimum, the plans shall include the following:

a.

Plant name;

b.

Plant quantity;

c.

Plant size;

d.

Irrigation system; and

e.

Plans for tree retention and removal.

3.

Water features. Only recirculating water shall be used for decorative water features.

E.

Irrigation plan contents. A fully dimensioned irrigation plan shall be drawn on project base sheets separate from the landscape design plan. The scale and format shall be the same as the landscape design plan. The irrigation design plan shall include all of the following information:

1.

Irrigation design criteria.

a.

Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules shall be used to closely match application rates to infiltration rates in order to minimize runoff.

b.

Special attention required. Special attention shall be given to avoid runoff on slopes and to avoid overspray in landscaped areas with a width of less than 10 feet.

c.

Irrigation efficiency. Irrigation systems shall be designed, maintained, and managed to meet or exceed the irrigation efficiency (IE) rate of 0.75 for overhead spray devices and 0.81 for drip systems.

d.

Projects subject to the Water Efficient Landscape requirements in Section 17.44.050 shall also comply with the irrigation

design criteria of that section.

Equipment.

a.

Water meters. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet and residential irrigated landscapes of 5,000 square feet or greater.

b.

Automatic controllers. Automatic control systems utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for all irrigation systems and shall be able to accommodate all aspects of the design.

c.

Drip irrigation. The use of drip irrigation is preferred and shall be considered whenever appropriate.

d.

Plant groupings. Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed at strategic points to prevent low-head drainage.

e.

Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

f.

Rain-sensing devices. Rain sensing override devices shall be required for any project which is subject to the Water Efficient Landscape requirements in Section 17.44.050.

g.

Moisture-sensing devices. Rain sensing override devices shall be required for any project which is subject to the Water Efficient Landscape requirements in Section 17.44.050.

F.

Precise grading plan. When required by the Director, a precise grading plan satisfying the following conditions shall be submitted with the final landscape and irrigation plan.

1.

A precise grading plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan; and

2.

The precise grading plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finished grade.

(Ord. 7324, § 2, 2018)

The administrative, organizational and enforcement for the technical codes which regulate water efficiency in landscaping shall be in accordance with the provisions and in the manner prescribed in the California Code of Regulations, Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinances, § 490 et seq. ("MWELO"), as may be amended from time to time. For the purposes of this section and applicability of water efficiency requirements, the definitions provided in the MWELO shall supersede other conflicting definitions in this title.

(Ord. 7324, § 2, 2018)

Landscaping shall be provided as specified in this Section.

A.

Residential projects. Each residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.

1.

New single-family projects.

a.

A final landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

b.

The landscape plan shall contain the specimen or common names of plants, sizes, locations on the site, and the number of each variety being used.

c.

The landscape plan shall include the front and any corner side setback areas.

d.

All landscape planting areas shall be provided with a permanent underground irrigation system.

2.

Multi-family projects.

a.

For City of Gardens and Urban Housing projects, a preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

b.

For City of Gardens projects, the landscape plan shall comply with the applicable requirements identified in Section 17.22.060 (RM District General Development Standards).

B.

Nonresidential projects. The total area of each nonresidential project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.

1.

A preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

2.

The landscape plan shall include all uncovered areas.

3.

All landscape planting areas shall be provided with a permanent underground irrigation system.

C.

All setback areas shall be landscaped.

1.

Landscaping of setbacks. All setback and open space areas required by this Zoning Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Section, unless otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans).

2.

Modification by Design Commission. The Design Commission may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Design Commission finds that the project provides:

a.

For outdoor dining activities, special paving, or other examples of exceptional architectural quality in the project's design;

b.

A higher overall quality of landscape design than would normally be expected for a similar development project; and

c.

A superior landscape maintenance plan.

D.

All unused areas shall be landscaped.

1.

All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Chapter. This requirement does not apply to the side or rear yard of a single-family residence.

The Zoning Administrator shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan.

E.

Parking areas. Parking areas shall be landscaped in compliance with Chapter 17.46 (Parking and Loading).

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7057 § 13, 2006)

Landscape areas and materials for commercial, industrial, hillside, and multi-family projects shall be designed, installed, and properly maintained in compliance with the following. This Section shall not apply to the RS and RM-12 zoning districts.

A.

General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

1.

Integral part of project design. Landscaping shall be planned as an integral part of the overall project design and not simply be located in excess space after parking areas and structures have been planned.

2.

Consideration for access. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

3.

Minimum width. Landscaped areas shall not be less than five feet in width.

4.

Concrete curb. For nonresidential projects, landscaping adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch high and six-inch wide concrete curb or other suitable type of barrier as approved by the Zoning Administrator.

B.

Plant materials. Plant materials shall be selected and installed to comply with the following requirements:

1.

Mix of materials. An appropriate mix of plant sizes and materials shall be provided.

2.

Drought tolerant species. Plant materials shall emphasize drought-tolerant and/or native species.

3.

Tree requirements. Trees shall be planted in areas of public view. The clustering of trees is encouraged.

a.

Size at planting. Mature specimen trees (e.g., 24-, 36-, and 48-inch box) shall be provided to ensure variety and emphasis at main focal areas.

b.

Staking. All trees shall be staked or guyed (on a case-by-case basis) subject to the approval of the Zoning Administrator.

4.

Performance standards. The trees and shrubs shall be carefully selected and properly planted and maintained so that they:

a.

Do not interfere with service lines and traffic safety sight areas;

b.

Protect the basic rights of adjacent property owners, particularly the right to solar access; and

c.

Prevent physical damage to the adjoining public improvements.

5.

Ground cover. Ground cover shall be of live plant material. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover.

6.

Accommodating existing trees. The Zoning Administrator may modify the requirements within this Subsection in order to accommodate existing trees located on-site or within the public rights-of-way.

C.

Standards for the City of Gardens. For projects utilizing multi-family residential development standards in compliance with Section 17.22.060 (RM District General Development Standards).

1.

Preferred ground covers. Preferred ground covers in the main garden and the front setback areas are ones that can be walked on and that utilize water-conserving plant materials.

2.

Design of landscaped areas.

a.

Landscaped areas and plant replacement shall be ordered and formal rather than random and scattered.

b.

Trees and shrubs shall be massed in groups creating containment of the garden space.

3.

Turf standards.

a.

Turf shall be limited to a maximum of 20 percent of the total landscaped area.

b.

Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five feet in width, sidewalk strips, slopes, etc.)

c.

The main garden is the appropriate location for turf.

d.

Low-water usage turf or warm-season turf is recommended.

e.

Flowering ornamentals that are not drought tolerant shall be included in the calculations for the turf area limitations.

4.

Water elements. The incorporation of fountains, pools, and other water elements into the main garden is encouraged as are other decorative elements (e.g., tile and iron work). Water elements shall be designed to conserve water.

5.

Planting of trees in front setback.

a.

Substantial trees (24-inch box or larger) are strongly encouraged in front setback areas of 2,000 square feet or more.

b.

In cases where the front setback is located over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided.

c.

The minimum tree size at planting shall be 15 gallons.

D.

Standards for Urban Housing. For projects using the Urban Housing standards of in compliance with Section 17.50.350 (Urban Housing).

1.

Landscaping shall be a combination of trees, shrubs, groundcover and turf.

2.

All areas not devoted to building coverage, walkways, or driveways shall be landscaped.

E.

Commercial and industrial zoning districts.

1.

Landscaping of setback areas. At least 50 percent of each front and/or corner side setback area shall be landscaped in compliance with this Chapter.

2.

Preliminary landscape plan required. A preliminary landscape plan, prepared in compliance with Section 17.44.030, above, for all required setback areas shall be submitted to the Zoning Administrator for approval before the issuance of the required Building Permit.

3.

Requirements may be modified. The landscaping requirements of this Subparagraph may be modified by the Design Commission in compliance with Subparagraph 17.44.060 C.2. (Modification by Design Commission), above.

F.

Additional standards for development projects within the HD overlay district.

1.

Landscape plan required. Each project that requires a Building Permit or land use permit shall also require the approval of a landscape plan by the Zoning Administrator and the Fire Chief.

a.

Plan content. The plan shall include all information required by the Department, shall be designed to ensure slope stability, fire safety and design quality, and shall also include a tree removal and retention plan with the following information.

(1)

Identification of the extent of vegetation removal required for site preparation and development; and

(2)

The location and species of individual trees of four-inch caliper or more. Maximum effort should be exercised to retain existing trees in place. All trees identified on the City's Protected Tree Inventory shall be shown.

b.

Tree removal and replacement. For each native tree or shrub larger than four-inch caliper that is removed, a 15-gallon replacement tree shall be planted on the site. For trees in excess of eight-inch caliper, the replacement tree shall be 24inch box or larger, or a combination of sizes to be approved by the Zoning Administrator. The use of native oaks is encouraged. In addition to these requirements, all requirements of the City's Tree Protection Ordinance and Chapter 17.44 (Landscaping) shall be met.

c.

Waiver of plan. The Zoning Administrator may waive the landscape plan requirement for additions and remodeling where no or only minor alterations to the existing landscape or topography are proposed.

d.

Effect of approved plan. All landscaping shall be planted and maintained in compliance with the approved plan and Chapter 17.44 (Landscaping).

2.

Plant materials and location. Landscaping shall emphasize the use and management of native plants. Care should be taken in plant selection and maintenance to avoid plants of high flammability either due to their intrinsic quality or the cumulative effect of dense planting near structures.

a.

All landscaping shall be of low-fuel volume plant material. The plant selection shall also emphasize the use of droughttolerant species consistent with the safety requirement and approved by the Fire Chief.

b.

All native groundcover and shrub materials to be planted within 30 feet of all structures shall be low-profile evergreen plants.

c.

Trees and nonnative evergreen shrubs shall not be located within 10 feet of chimneys and should not otherwise present unusual fire hazards. The use of invasive plant species shall be discouraged. The plant palette for landscaping the perimeter of a site shall blend as much as possible with the natural plant palette consistent with safety requirements. A list of suggested plant materials shall be kept on file by the Zoning Administrator and shall be available for inspection by the public.

d.

Landscaping shall be designed to screen the view of downslope building elevations. The landscape plan for the residential dwelling shall specifically consider the downslope elevation and demonstrate that portions of elevations below the bottommost floor are screened from view. Downslope elevations visible from any adjacent property or public right-of-way shall be landscaped with a selection of shrubs and trees that screen the downslope portion from view to the satisfaction of the Zoning Administrator and in compliance with Chapter 17.44 (Landscaping).

e.

Trees shall be planted so that existing views from surrounding properties are preserved.

G.

Statement of surety. When required by the Zoning Administrator for the issuance of a temporary Certificate of Occupancy, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City.

A.

Maintenance required.

Where a landscape plan is required, all installed landscaping shall be permanently maintained in compliance with this Section.

2.

Once installed, no landscaping shall be removed unless it is replaced with landscaping of a similar design, character, and coverage at maturity.

3.

Once installed, no landscaping shall be allowed to die; replacement shall occur in a timely manner.

B.

Maintenance defined. Maintenance shall consist of regular fertilizing, clearing of debris and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf.

A.

Maximum effort to retain trees. Where healthy trees exist on a site, maximum effort shall be given for their retention.

B.

Compliance with Chapter 8.52. All existing trees shall be protected during construction in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

C.

Minimum retention requirements. To ensure that the tree retention is successful, the following requirements shall be met:

1.

All grading around existing trees shall be done by hand.

2.

Cutting through woody roots shall not be allowed.

3.

All foundations shall step over major roots.

4.

No difference in grade shall be allowed at the base of the trees.

D.

Modification of development standards. The review authority or Director, if there is no other review authority, may modify the development standards or accept alternative solutions to assist in the preservation of trees protected in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) or street trees. Modifications may include a reduction to garden requirements, guest parking requirements, location of driveways and building height limits. The review authority may approve the modification of up to two development standards after first finding that:

1.

The applicant investigated alternative site designs and building footprints using existing developments standards;

2.

The trees to be preserved are in good health and condition (taking into account species and longevity as determined by a certified arborist;

3.

The project includes a well integrated and thoughtful design solution that enhances the property and its surroundings;

4.

The project is not injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public; and

5.

The project is consistent with the objectives and policies of the applicable Design Guidelines and the Citywide Design Principles in the General Plan.

(Ord. 7184 § 14, 2010)

A.

Street tree requirement. Street trees are required whenever new structures are constructed on vacant lots within the City. The selected street trees shall be of the species required by the City's Street Tree Plan.

B.

Location requirements. Street trees shall be located in compliance with the requirements of the Department of Public Works.

C.

Street tree retention or removal.

1.

Removal of street trees. Street trees shall not be removed without first obtaining permission from the Department of Public Works.

2.

Reshaping of driveway preferable. The reshaping of driveways to avoid or accommodate street trees is preferable.

3.

Consistent with prevailing street pattern. When removal is absolutely necessary, trees shall be replaced in a manner consistent with the prevailing pattern on the street, as determined by the Department of Public Works.

D.

Requirements for new developments.

One 24-inch box tree required. Any new development shall be required to provide a minimum of one 24-inch box tree planted in the parkway, or in the sidewalk area where there is no parkway, at the same spacing as existing trees or at 20foot intervals if there are no existing trees, unless the City's Street Tree Plan specifies a different spacing requirement. The actual number of trees shall be determined by the Director of Public Works.

2.

Tree species. The tree species shall be the same as the most prevalent tree type on the block unless the City's Street Tree Plan specifies a different species.

3.

Removal of healthy mature trees prohibited. Mature healthy street trees shall not be removed unless the removal is ordered by the Director of Public Works in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

(Ord. 7184 § 15, 2010)

Chapter 17.46 - Parking and Loading