Chapter 19.66 — SURFACE MINING AND RECLAMATION PLAN REGULATIONS

The city recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city also recognizes that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and social conditions are significant and therefore, may vary accordingly. The purpose and intent of this chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act (SMARA) of 1975 (P.R.C. Sec. 2710 et seq.), as amended, hereinafter referred to as SMARA: P.R.C. § 2207; and the California Code of Regulations adopted pursuant thereto (14 Cal. Admin., S. § 3500 et seq.), to ensure that:

(1)

Prevent adverse effects. The adverse effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands.

(2)

Encourage production and conservation. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including, but not limited to, geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, eroding, degradation of scenic quality, and noise pollution

(Code 1972, § 19.66.010)

Sec. 19.66.020. - Incorporation of SMARA and state regulations.

The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710 et seq.), P.R.C. § 2207, and the California Code of Regulations implementing the Act (14 Cal. Admin., § 3500 et seq.), hereinafter referred to as the state regulations, as either may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were

specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than conflicting state provisions, this chapter shall prevail.

(Code 1972, § 19.66.020)

(a)

Requirements for conditional use permit. Unless exempted by provisions of this chapter, an approved conditional use permit as provided under chapter 19.61 shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a "nonconforming use" pursuant to chapter 19.08.

(b)

Requirement for reclamation plans. A reclamation plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to that date and the person submitting that plan has accepted responsibility for carrying out the plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted legally and in compliance with all applicable city regulations prior to January 1, 1976.

(Code 1972, § 19.66.030)

(a)

Reclamation plan. A reclamation plan shall not be required for any of the following activities:

(1)

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster (SMARA, § 2714(a)).

(2)

Prospecting or, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (SMARA, § 2714(b)).

(3)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (SMARA, § 2714(c)).

(b)

Other. Such other surface mining operations what the state mining and geology board determines to be of an infrequent nature and which involve only minor surface disturbances (SMARA, § 2714(d)).

(Code 1972, § 19.66.040)

Sec. 19.66.050. - Contents of applications for conditional use permits for surface mining operations and reclamation plans.

(a)

Conditional use permit and supplemental application. In addition to the conditional use permit (CUP) application required in chapter 19.61, all applications for CUPs for surface mining operations shall contain the surface mining application supplement required by the planning and community development department. As many copies of the CUP and surface mining application supplement may be required shall be submitted to the department of planning and community development.

(b)

Copies. As many copies of the reclamation plan application as may be required shall be submitted in conjunction with all applications for CUPs for surface mining operations. For surface mining operations that are exempt from a CUP pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan.

(c)

Environmental forms. Applications shall include the necessary environmental review forms and information prescribed by the planning and community development department.

(d)

Review for completeness. The planning and community development department will review the application package for completeness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application is deficient. Resubmittal of the revised application shall start a new review time frame.

(Code 1972, § 19.66.050)

(a)

Notification. Within 30 days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the planning and community development department shall notify the state geologist of the filing of the application (SMARA, Sec. 2774(e)). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the flood

insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning and community development department shall

also notify the state department of transportation that the application has been received (SMARA, § 2770.5).

(b)

Environmental review and staff review.

(1)

The planning and community development department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) and the city's environmental review guidelines.

(2)

Subsequent to the appropriate environmental review, the planning and community development department shall prepare a staff report with recommendations for consideration by the city council. The city's staff review committee shall assist the planning and community development department in developing appropriate recommendations.

(c)

City council review and approval.

(1)

The city council shall hold at least one public hearing on the conditional use permit and/or reclamation plan. Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to a reclamation plan, the city council shall certify to the state geologist that the reclamation plan complied with the applicable requirements of the state regulations and submit the plan, assurances, or amendments to the state geologist for review (SMARA, § 2774(c)). The city council may conceptually approve the reclamation plan before submittal to the state geologist. If a conditional use permit is being processed concurrently with the reclamation plan, the city council may also conceptually approve the CUP at this time. However, the city council may defer action on the CUP until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the city council may conditionally approve the CUP with the condition that the planning and community development department shall not issue the CUP for the mining operation until financial assurances have been approved by the state geologist and final action has been taken on the reclamation plan.

(2)

The state geologist shall have 45 days to prepare written comments on the reclamation plan, if the state geologist chooses (SMARA, § 2774(d)). The city council shall evaluate written comments received from the state geologist during the 45-day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the city council's approval. In particular, when the city council's position is at variance with the recommendations and objections raised in the state geologist's comments, the written response shall address, in detail, why specific comments and suggestions were not

accepted (SMARA, § 2774(d)). Copies of any written comments received and responses prepared by the city council shall be promptly forwarded to the operator.

(d)

Final action. The city council shall then take final action to approve, conditionally approve or deny the conditional use permit and/or reclamation plan. The planning and community development department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan to the state geologist.

(e)

Annual reports. Surface mining operators shall forward an annual status report to the state geologist and city planning and community development department on a date established by the state geologist upon forms furnished by the state mining and geology board (P.R.C. § 2207 (a)—(g)).

(Code 1972, § 19.66.060)

Sec. 19.66.070. - Performance standards for reclamation plans.

(a)

Minimum Standards. All new or revised reclamation plans shall conform to minimum statewide performance standards required pursuant to SMARA § 2773(b), as adopted by the state mining and geology board, including, but not limited to, wildlife habitat, backfilling, re-vegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management.

(b)

Additional standards. The city may impose additional performance standards developed either in review of individual projects, as warranted or through the formulation and adoption of city-wide performance standards.

(Code 1972, § 19.66.070)

Sec. 19.66.080. - Phasing of reclamation.

Phasing of reclamation (see also section 9.60.120). Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (SMARA, § 2772(f)). Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations. Reclamation may be done on an annual basis, or in stages compatible with continued operations, or on completion of all excavation, removal or fill as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include the beginning and expected ending dates for each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in section 19.66.100. The city shall approve the reclamation schedule.

(Code 1972, § 19.66.080)

(a)

General compliance. In addition to the findings for approval of conditional use permits contained in chapter 19.54, approval of conditional use permits for surface mining operations shall include a finding that the project complies with the provisions of state regulations.

(b)

Reclamation plans. For reclamation plans, the following findings shall be required:

(1)

That the reclamation plan complies with section 2772, 2773 and 2773.1 of SMARA and any other applicable provisions.

(2)

That the reclamation plan complies with applicable requirements of the state regulations (14 Cal Admin., § 3500 et seq.).

(3)

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city's general plan and any applicable resource plan or element.

(4)

That, through the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible.

(5)

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values.

(6)

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

(7)

That a written response to the state geologist has been prepared, describing the disposition of major issues raised by the state geologist. Where the city's position is at variance with the recommendations and objections raised by the state geologist, said response shall address, in detail, why specific comments and suggestions were not accepted (SMARA, § 2772(d)).

(Code 1972, § 19.66.090)

(a)

Securities. In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval one or more forms of security which will be released upon satisfactory performance. The applicant may post security in the form of a corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the city and the state geologist as specified in statewide regulations adopted by the Mining and Geology Board. Financial assurances shall be made payable to the city and the state geologist (SMARA, § 2773.1(a)(4)).

(b)

Utilization of securities. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including, but not limited to, re-vegetation and landscaping requirements; restoration of aquatic or wildlife habitat; protection of archaeological sites; restoration of water bodies and water quality; slope stability and erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the planning and community development department.

(c)

Amount of security. The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by licensed engineers and/or other qualified professionals retained by the operator and approved by the planning director. Financial assurances may be based upon estimates, including, but not necessarily limited to, the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with re-vegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the permittee.

(d)

Cost projections. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the city or state may need to contract with a third-party commercial company for mobilization and reclamation of the site.

(e)

Annual increments. Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation,

as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.

(f)

Multiple year increments. Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.

(Code 1972, § 19.66.100)

Sec. 19.66.110. - Inspections.

The planning and community development department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in section 9.60.050, to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, and the state regulations (SMARA, § 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state registered forester or other qualified specialists, as selected by the planning and community development department. All inspection shall be conducted using a form provided by the state mining and geology board. The planning and community development department shall notify the state geologist within 30 days of completion of the inspection that the inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

(Code 1972, § 19.66.110)

Sec. 19.66.120. - Interim management plans.

(a)

Submittal of interim plans. Within 90 days of a surface mining operation becoming idle, as defined in chapter 19.08, the operator shall submit to the planning and community development department an interim management plan (SMARA, § 2770(h)). Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.

(b)

City council review. Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the planning and community development department and the operator, the city council shall review and approve or deny the plan in accordance with this chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the planning and community development department to submit a revised plan. The city council shall approve or deny the revised interim plan within 60 days of receipt.

(c)

Duration. The interim management plan may remain in effect for a period not to exceed five years, at which time the city council may renew the plan for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Code 1972, § 19.66.120)

Sec. 19.66.130. - Time limited for commencement of use of conditional use permit for surface mining operations.

The time limit for commencing a surface mining operation that is permitted pursuant to this section shall be as provided in chapter 19.61.

(Code 1972, § 19.66.130)

Sec. 19.66.140. - Violation and penalties.

If the planning and community development department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable permit and/or the reclamation plan, the city shall follow the procedures set forth in SMARA, §§ 2774.1 and 2774.s concerning violations and penalties, as well as those provisions of section 19.61.060 for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA.

(Code 1972, § 19.66.140)

Sec. 19.66.150. - Reserved. Sec. 19.66.160. - Fees.

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred implements this chapter and the state regulations, including, but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance.

(Code 1972, § 19.66.160)

CHAPTER 19.68. - FEES

Sec. 19.68.010. - Application fees.

(a)

Fee amounts. Payment of fees and the specified amounts shall accompany the application for the following:

(1)

Variance, $100.00.

(2)

Conditional use permit, $100.00, plus $5.00 for each subdivision lot or fraction, or each acre or fraction of subdivided land.

(3)

Zone change, $120.00.

(4)

Building permit, $10.00 in addition to Uniform Building Code fees for environmental committee.

(5)

Floodplain development permit fee, as required by title 15: $100.00, plus $10.00 per lot, or $10.00 per acre, whichever is greater.

(6)

Setback encroachment permit, $150.00.

(b)

Action and adjustments. No action shall be taken or become effective until the fee is paid. Adjustments regarding the above fees may be made by resolution.

(Code 1972, § 19.68.010)

(a)

Purpose and intent.

(1)

It is the purpose and intent of this section to implement a unified development impact fee program to fund the acquisition, design, and construction of certain public facilities necessary to serve new development within the city.

(2)

The public facilities to be funded by the development impact fees (the "Public Facilities") are in the following categories: (1) police; (2) fire; (3) community amenities; (4) government services; (5) parks; (6) transportation; and (7) administration. The public facilities are described in detail in the facilities study adopted by the city council from time to time and incorporated herein by reference.

(3)

The development impact fees imposed under this section are in addition to any other fees, dedications, construction requirements, or other exactions imposed as a condition of approval for a development

project, or under the provisions of any state or federal law, or other provisions of this code, or city resolutions and policies.

(b)

Imposition and accounting of development impact fees.

(1)

No developer, property owner, or other person or entity shall be eligible to receive building permits, nor any occupancy permits, for any development project unless the provisions of this section have first been complied with for that project. The requirements of this section are hereby imposed as a condition of development approval for each development project in addition to being a requirement of this code.

(2)

The development impact fee amounts shall be established and adjusted by resolution of the city council from time to time in accordance with the procedures set forth in state law.

(3)

Development impact fees paid pursuant to this section shall be segregated and deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, and improving the applicable public facilities to the extent permitted by law.

(4)

The city may impose such additional conditions of approval as are necessary or appropriate to implement the purposes of this section.

(c)

Credit and reimbursement policy.

For qualifying public facilities constructed as part of a development project, the city council may establish policies and procedures for granting credit against a development impact fee or providing for reimbursement from development impact fees paid by other developers. Such policies and procedures shall be established by resolution.

(Code 1972, § 19.68.020; Ord. No. 1182, § 2, 2-28-2006)

CHAPTER 19.69. - PARKING AND LOADING STANDARDS

Sec. 19.69.010. - Purpose.

Regulations shall be established for parking and loading, in order to ensure adequate parking facilities are properly designed and located in order to meet the parking needs created by specific uses, and ensure their usefulness, protect the public safety, and where appropriate, buffer and transition surrounding land uses from their impact.

(Code 1972, § 19.69.010)

(a)

General provisions.

(1)

Amount of facilities required. Any dwelling unit constructed or located after the effective date of the chapter, or any subsequent amendment thereto, shall be required to provide off-street parking facilities in accordance with the provisions of this chapter.

(2)

Non-conforming uses. Any dwelling unit or group of dwelling units which, on the effective date of the ordinance from which this chapter is derived, or any subsequent amendment thereto, is nonconforming as to the regulations relating to off-street parking facilities, may be continued in the same manner as if the parking facilities were conforming. However, any existing dwelling unit that is enlarged by 25 percent of the gross living area shall be required to provide off-street parking facilities in accordance with the provisions of this chapter.

(3)

Voluntary establishment. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking facilities in excess of those required by this chapter, provided that all regulations governing the location, design, and operation of such facilities are met.

(4)

Provision is a continuing obligation. The required off-street parking shall be a continuing obligation. It is unlawful to discontinue or dispense with the required vehicle parking facilities without providing other vehicle-parking facilities which meet the requirements of this chapter.

(5)

Relocation of facilities. Whenever existing parking facilities are removed or converted to a permissible nonparking use, the following regulations shall apply:

a.

Any driveway approach that no longer provides access to a covered parking facility shall be removed and replaced with standard curb and gutter, in accordance with city standards.

b.

All paved surfaces in the front yard area that no longer provide access to a covered parking facility shall be removed and the areas landscaped.

(6)

Access.

a.

Access to a parking facility shall be paved, unless said facility is located greater than 100 feet from public right-of-way. If more than 100 feet from a public right-of-way, access shall be on an all-weather surface acceptable to the city engineer.

b.

Driveways shall utilize concrete material, unless said driveway is greater than 45 feet in length. If more than 45 feet in length, asphaltic material may be used, subject to approval by the city engineer.

(b)

General regulations.

(1)

Number of spaces required.

a.

Single-family.

1.

Light agricultural zone: Two spaces, one within a garage.

2.

Rural residential/agricultural zone: Two spaces, one within a garage.

3.

Detached residential, R-4 zone: Two garage spaces.

4.

Detached residential, R-7 zone: Two garage spaces.

b.

Multi-family.

1.

Attached Residential, R-7, R-14, R-22 Zones: Two spaces per unit, one within a garage; one guest parking space per five units.

Apartments: One space per unit shall be within a carport or an enclosed garage.

(i)

Studio unit: 1.5 spaces

(ii)

One bedroom unit: 1.5 spaces

(iii)

Two bedroom unit: 2 spaces Three bedroom unit or more: 2.5 spaces

(iv)

One guest parking space per five units.

(2)

Size.

a.

Uncovered. Each parking space shall have minimum dimension not less than nine feet in width and 19 feet in length. No more than 15 percent of uncovered parking spaces for multi-family development may be compact parking stalls. Each compact parking space shall have minimum dimension not less than eight feet in width and 16 feet in length.

b.

Carport/garage. Each covered parking space in a garage or carport shall have minimum dimension not less than ten feet in width and 20 feet in length. Minimum size for a one-car garage shall be no less than 250 square feet.

(3)

Location. Off-street parking facilities required by this chapter shall be located on the same lot or parcel as the residential unit they are intended to serve.

a.

Covered parking spaces shall not be located in any required front, side or rear yard setback.

b.

Not more than three entrance bays for individual garages or carports shall face a public right-of-way.

(4)

Access. The following requirements shall govern access to off-street parking facilities:

a.

Units located with sole access from an expressway, primary or secondary arterial as designated by the city general plan shall provide a vehicular turn-around facility on the site to permit straight forward travel upon entering a street. Said facilities may be required for lots with sole access to a collector street.

b.

The width of driveway entrances measured at property line shall be as follows:

1.

One-car facility: Ten feet minimum.

2.

Two-car facility: 25 feet maximum.

3.

Three-car facility: 35 feet maximum.

(5)

Recreational vehicle parking in residential zones. Parking for recreational vehicles is permissible provided the following standards are met:

a.

Permitted locations of parking and maneuvering areas. Parking and maneuvering areas of single-family residential zones for all recreational vehicles with a gross vehicle weight rating of 10,000 pounds or less shall be limited to the space within a carport or garage plus a paved driveway between such garage or carport and the street from which it is served, not exceeding the width of the garage. In addition, the following front and side yard areas may also be paved for the parking and maneuvering of vehicles:

1.

House with attached garage. The space between the driveway serving the garage and the nearest side property line, with such paving permitted to extend as far as the rear of the residential structure, such space not to exceed 20 feet in width beyond the driveway serving the garage.

==> picture [277 x 176] intentionally omitted <==

2.

House with detached garage, served by adjacent street. The space between the driveway and the nearest side property line, extending as far as the rear of the garage, such space not to exceed 20 feet in width beyond the driveway serving the garage.

==> picture [145 x 192] intentionally omitted <==

3.

House with detached garage served from an alley. A space, not exceeding 20 feet in width, adjacent to a side property line. Such paved space may extend no further than the space between the street and the rear of the house. Installation of such a driveway is subject to approval of a driveway curb, approved by the engineering department.

==> picture [155 x 210] intentionally omitted <==

Circular drives. A house with one street frontage and at least 100 feet of width, or any house with two street frontages, may be served by a circular drive. In addition, the space between the circular drive and the nearest interior side property line may be paved, provided this additional paving does not exceed 20 feet in width beyond the point from the nearest point of the circular driveway and the interior side property line, nor extend further than the distance between the street and the rear of the residence. No circular drive will be approved without the approval of the engineering department for two driveway openings.

==> picture [168 x 193] intentionally omitted <==

Special requirements for driveway extensions in street side yard areas. Where the area proposed for driveway expansion is a street side yard, the portion of the driveway behind the front setback must be screened from adjoining street by a six-foot high solid wall to extend to the rear property line.

b.

Registration and vehicle condition. All recreational vehicles parked outside of a completely enclosed garage shall be currently and legally registered, except as provided for by state law and shall be in an operable and

movable condition. Motorized recreational vehicles, shall be movable under their own power. Boats and other nonmotorized vehicles, such as trailers, shall be movable by a towing vehicle customarily used for the type of vehicle being towed.

c.

A recreational vehicle may not have any utility hookups, except for maintenance, or be used as living quarters.

d.

The property may be fenced subject to current zoning code standards.

e.

Recreational vehicles may not park or be parked or placed in such a manner that the vehicle overhangs the street, including that space between the curb line and the lot line, or in such a manner that the vehicle overhangs adjacent property, or upon any part of the sidewalk space.

(6)

Single room occupancy parking. Single-room occupancy (SRO) unit parking shall be provided as follows (see chapter 19.28.070.E for complete development criteria):

a.

One uncovered parking space for every three SRO units.

b.

Two uncovered parking spaces for an onsite manager unit.

c.

Each SRO unit shall be provided at least one lockable bicycle parking space in a location that is adjacent to that SRO unit.

(7)

Limitations and prohibited parking. The following limitations and prohibitions shall apply:

a.

No parking shall be permitted in required landscaped front yard areas.

b.

All inoperative motor vehicles, detached truck campers, trailers of any type, mobile homes, boats and similar equipment incapable of movement under its owner power shall be stored in an enclosed parking space or stored in an area screened from the street. No parking or storage shall be permitted in the driveway or front yard area.

(Code 1972, § 19.69.020; Ord. No. 1296, 8-2013; Ord. No. 1361, § 4, 2-27-2018)

Sec. 19.69.030. - Non-residential regulations.

(a)

General provisions.

(1)

Amount of facilities required. Any building or structure constructed, located, or expanded and any use of land established after the effective date of the ordinance from which this chapter is derived, or any subsequent amendment thereto, shall be required to provide off-street parking facilities in accordance with this chapter.

(2)

Non-conforming uses. Any use of property which on the effective date of the ordinance from which this chapter is derived, or any subsequent amendment thereto, is nonconforming as to the regulations relating to off-street parking facilities, may be continued in the same manner as if the parking facilities were conforming. However, if such parking facilities do exist, they shall not be reduced.

(3)

Voluntary establishment. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking facilities in excess of those required by this chapter, provided that all regulations governing the location, design, and operation of such facilities are met.

(4)

Provision is a continuing obligation. The required off-street parking shall be a continuing obligation. It is unlawful to discontinue or dispense with the required vehicle parking facilities without providing other vehicle-parking facilities which meet the requirements of this chapter.

(5)

Development plan approval. Development plan review for all new construction, expansion or change in use shall be submitted to and approved in accordance with chapter 19.50 or any other applicable review procedure. This review shall include parking review and analysis.

(6)

Permit requirements.

a.

No building shall be occupied and no final inspection shall be given, until off-street parking facilities are provided in accordance with the provisions of this chapter.

b.

No parking area shall be re-surfaced and/or re-striped without a parking plan submitted to and approved by the planning and community development department and the city engineer.

(7)

Use limitations for required areas. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use, and shall not be reduced or encroached upon in any manner.

(b)

General regulations.

(1)

Number of spaces required. Based upon the gross floor area size, the following number of spaces shall be required:

a.

Commercial/office/service uses.

1.

Neighborhood or community shopping center: One space for every 200 square feet.

2.

General retail trades: One space for every 250 square feet.

3.

Retail furniture/appliance: One space for every 500 square feet.

4.

Restaurants, cafes, bars and cocktail lounges: One space for every 50 square feet of dining or serving area.

5.

Drive-in, fast food restaurants: One space for every 50 square feet of dining or serving area, plus ten additional spaces. Adequate stacking to accommodate eight vehicles shall be provided for drive-through lanes.

6.

Motels/hotels: 1.1 spaces per guest room/quarters.

7.

Rail, bus, transportation terminals: One space for every three fixed seats in waiting area of terminal, or one space for every 50 square feet of waiting area in the terminal, whichever is greater.

Banks, savings and loan, and financial institutions: One space for every 150 square feet. Where drivethrough service is provided, there shall be adequate stacking to accommodate five vehicles.

9.

Plant nurseries, lumberyard, building material yards, outdoor sales of merchandise: One space for every 500 square feet of indoor area and outdoor sales/display area to ten spaces and one space for every 2,000 square feet exceeding the ten spaces.

10.

Automobile and machinery sales: One space for every 50 square feet of indoor area and, one space for every 2,000 square feet of outdoor sales/display area, provided that areas exceeding 10,000 square feet shall require one space for every 5,000 square feet.

11.

Automobile lube and tunes (quick lubes): Three spaces for every service bay, plus adequate stacking to accommodate one vehicle.

12.

Automobile repair: Five spaces for every service bay.

13.

Automobile washing (full service automatic): Ten spaces, plus adequate stacking to accommodate six vehicles.

14.

Automobile washing (self-serving): One space per bay, plus adequate stacking to accommodate one vehicle per bay.

b.

Places of assembly.

1.

Stadium/auditorium/arena: One space for every five fixed seats, and one space for every 250 square feet of non-seating area.

2.

Private clubs/lodges: One space for every 50 square feet of assembly area.

Churches: One space for every three fixed seats, or one space for every 40 square feet of assembly area for non-fixed seating. For pews, one seating space is equal to 18 lineal inches of pew.

4.

Chapels/mortuaries: One space for every four fixed seats, or one space for every 40 square feet of assembly area for non-fixed seating. For pews, one seating space is equal to 18 lineal inches of pew.

c.

Professional services.

1.

Medical, dental, clinics: One space for every 200 square feet.

2.

Professional offices: One space for every 300 square feet.

3.

Model home real estate complex: Five spaces minimum, plus two spaces for every model home unit.

4.

Veterinary services: six spaces minimum, plus one space for every 500 square feet in excess of 1,000 square feet.

5.

Hospitals: One space for every two beds, based upon maximum occupancy and one space for every employee on the largest shift.

6.

Urgent care centers: One space for every 200 square feet and one space for every employee on the largest shift.

d.

Industrial uses.

1.

Manufacturing: One space for every 500 square feet of manufacturing building area, and one space for every company vehicle, and the space required for additional uses on the site; or one space for every employee, whichever is largest.

2.

Warehousing: One space per 1,000 square feet of gross floor area for the first 20,000 square feet and one space per 2,000 square feet for that portion over 20,000 square feet.

3.

High-cube warehousing: One space per 1,000 square feet of gross floor area for the first 20,000 square feet, plus one space per 2,000 square feet for the second 20,000 square feet, plus one space per 5,000 square feet for that portion over 40,000 square feet. Parking for office area comprising less than ten percent of the total gross square footage of the building shall be included in this calculation. Office area over ten percent shall be calculated at the professional office rate. Truck and trailer parking shall be provided at the rate of one oversized space for every 5,000 square feet of gross floor area. Truck docks shall not be included in this calculation.

4.

Mini-warehousing: One space for every 2,000 square feet of warehouse area, and appropriate number of spaces for associated office area and caretaker's residence.

5.

Salvage/junk/auto wrecking yards: One space for every five vehicle storage spaces, to ten spaces, and one space for every 12 spaces in excess of ten spaces, based upon maximum occupancy.

6.

Storage yards: One space for every 1,000 square feet, plus spaces required for additional uses on the site.

e.

Educational services and care facilities.

1.

Child care: One space for every five children, and one space for every employee on the largest shift. A minimum of four spaces shall be provided. A semicircular drive or its equivalent, with sufficient space for one passenger loading area.

2.

Schools:

(i)

Grades K—8: Five spaces, plus two spaces per classroom. A semicircular drive or its equivalent with sufficient space for two passenger loading areas.

(ii)

Grades 9—12: One space for every three students enrolled and one space for every employee on the largest shift.

(iii)

Colleges/universities: One space for every three enrolled, full time day students and one space for every employee on the largest shift.

(iv)

Trade/vocational business school: One space for every three students, plus one space for every employee on the largest shift.

3.

Residential care facility/group homes: One space for every two residences, based upon maximum occupancy, and one space for every employee on the largest shift.

4.

Convalescent hospital/nursing homes: One space for every four residences, based upon maximum occupancy, and one space for every employee on the largest shift.

5.

Emergency shelter facilities: One space per four beds, and/or one-half per bedroom designated as a family unit with children, plus one space per staff member. Bike rack parking for a minimum of ten bicycles shall be provided at the facility.

f.

Entertainment/recreation.

1.

Dance/night clubs: One space for every 20 square feet of dance area, and one space for every three fixed seats, or one space for every 20 square feet of seating area where there are no fixed seats.

2.

Amusement enterprises: One space for every four persons attending, based upon maximum attendance.

3.

Golf courses/driving ranges: Three spaces for every hole, or one space per green tee, plus the spaces required for additional uses on the site.

4.

Miniature golf: Six spaces for every hole, and the spaces required for additional uses on the site.

5.

Billiards parlors: Two spaces for every table.

6.

Skating rinks: One space for every three fixed seats, and one space for every 250 square feet.

7.

Pools (commercial): One space for every 100 square feet of water surface area and one space for every employee, with a ten space minimum.

8.

Tennis/handball/racquetball: Two spaces for each court.

9.

Theaters/movie houses: One space for every four seats, plus five employee spaces.

10.

Arcades: One space for every three machines.

11.

Bowling alleys: Four spaces for every lane, and the spaces required for additional uses on the site.

12.

Gyms/health clubs: One space for every 250 square feet.

13.

Parks: One space for every 8,000 square feet of active recreative area, and one space for every acre of passive area.

(2)

Number of spaces for unspecified uses. Any use not specifically listed herein shall be determined by the planning and community development director. Such determination shall be based upon the requirements of comparable uses as specified herein.

(3)

Bicycle parking. Facilities with 200 or more required parking spaces may provide a bicycle parking area to accommodate no less than five locking bicycles. Facilities with 500 or more required parking spaces may provide a bicycle parking area to accommodate no less than 15 locking bicycles. Bicycle parking areas shall be located near main entrances or buildings. For every two bicycle spaces provided, credit for one vehicle parking space shall be given.

(4)

Motorcycle parking. Facilities with 200 or more required parking spaces may provide a motorcycle parking area with an overall dimension of seven feet in length and area not less than 56 square feet. Facilities with 500 or more required parking spaces may provide a motorcycle parking area with an overall dimension of seven feet in length and area not less than 70 square feet. For every two motorcycle spaces provided, credit for one vehicle parking space may be given.

(5)

Shared parking provisions. Shared parking may be approved provided that times of operation of the involved entities are not the same, as specified herein:

a.

Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a day time (on-peak) use may be provided by a use considered to be a night time or Sunday (off-peak) use; up to 50 percent of the parking facilities required by this chapter for a use considered to be a night time or Sunday use may be provided by a use considered to be primarily a daytime use, provided that a reciprocal parking area shall be subject to conditions as stipulated herein.

b.

The following uses are considered to be daytime uses: banks, business and professional offices, retail stores, service shops and similar uses. The following uses are considered to be night time or Sunday uses: auditoriums, churches, fraternal organizations and theatres. The development services department shall determine the parking requirements of the uses proposed for shared parking.

c.

Conditions required for shared parking:

1.

Shared parking facility areas shall be located within 200 feet of the buildings and uses.

2.

Applicant shall demonstrate that there is no substantial conflict in the principal operating hours for the buildings and uses.

3.

Parties concerned in the shared use of off-street parking facilities shall execute an agreement for such use by a proper legal execute an agreement for such use by a proper legal instrument approved by the city attorney as to form and content.

(6)

Transportation Demand Management Ordinance. The requirements and provisions of the Transportation Demand Management Ordinance shall be complied with in accordance with chapter 7.40, including, but not limited to, reduced parking provisions, parking analysis, and penalties.

(7)

Handicapped spaces. Handicapped parking spaces shall be provided in accordance with the requirements of state and federal law. The parking standards within this chapter are in accordance with those established by the state and federal government at the time of adoption of this chapter. Any changes in the state or federal requirements for handicapped standards shall preempt the affected requirements of this chapter.

a.

Space size. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 14 feet wide by 19 feet long. When more than one space is provided, in lieu of providing a 14foot wide parking stall, provide a nine-foot parking on each side of a five foot loading and unloading area in the center.

b.

Van accessible. Each van accessible parking space designated for use by the handicapped shall consist of a rectangular area not less than 17 feet wide by 19 feet long. When more than one space is provided, in lieu of providing a 17-foot wide parking stall, provide a nine-foot parking space on each side of an eight-foot loading and unloading area in the center.

c.

Labeling. All handicapped parking stalls shall be individually labels and signed in accordance with state and federal requirements.

1.

Handicap parking sign 80 inches high.

2.

Typical symbol/blue field 48 inches by 48 inches: white wheelchair 36 inches by 36 inches.

3.

48-inch minimum walkway with curb cut style ramp, not to exceed a 1:12 slope.

d.

Handicapped parking spaces required by this chapter shall count toward fulfilling off-street parking requirements.

e.

Handicapped parking spaces shall be provided for all uses at the following rate:

f.

Handicapped spaces shall be located to provide for safety and optimum proximity to the entrances of greatest incidence of use when more than one building is served by the parking lot. Such spaces shall be located so that a handicapped person is not compelled to wheel or walk behind parked vehicles.

(c)

Development standards.

(1)

Location of parking facilities.

a.

Parking facilities required by this chapter shall be located on the same lot or parcel of land as the use they are intended to service, except in cases of large centers with reciprocal access and parking agreements, and uses with approved shared parking agreements.

b.

Parking facilities shall be located and oriented to access the main entrance or front of buildings. Parking shall not be located behind buildings to the greatest extend possible.

(2)

Dimensions of parking spaces.

a.

Each off-street parking space shall have a dimension not less than nine feet in width and 19 feet in length, except parallel parking stall which shall be a minimum of eight feet in width and 24 feet in length. No part of the area of a required parking space shall be utilized for driveway, aisles, walkway or other required improvements.

b.

A compact parking stall shall be permitted subject to the following:

1.

A compact stall shall be a dimension not less than eight feet in width and 16 feet in length.

2.

Compact stalls shall be permitted for projects that provide more than 40 off-street parking spaces.

3.

Developments with 40 to 800 required off-street parking may be permitted to utilize a maximum of 15 percent compact stalls. Developments with 800 or more required off-street parking may be permitted to utilize a maximum of 25 percent compact stalls.

4.

Compact spaces shall be dispersed throughout the development, and not be located at the main entrance.

5.

Compact spaces shall be designated "COMPACT" and shall be visible day and night.

(3)

Access to off-street parking. The following requirements shall govern access to off-street parking facilities:

a.

Forward travel to and from parking facilities from a dedicated street or alley is required. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street.

b.

All uses which adjoin an expressway, primary or secondary arterial street, as designated in the city general plan, shall whenever possible minimize the number of access points, to alleviate the proliferation of driveways.

c.

The access to all off-street parking facilities shall be designed in a manner which will not interfere with the safe movement of traffic.

d.

Entryway to parking areas shall be well-defined and recognizable with adequate lighting and signage provided to facilitate adequate movement on-site and off-site.

e.

Concrete and/or accented paving driveway approaches shall be provided for ingress to and egress from all parking facilities. Each parking space shall be easily accessible to the intended user. The width of driveway entrances and exits from a public street shall be measured at the property line and shall comply with the following standards, unless specific exceptions are made by the city engineer:

1.

Minimum driveway width for single-lane entrances and/or exits: 20 feet.

2.

Minimum driveway width for combined entrances and exits: 26 feet.

3.

Maximum driveway width for multiple entrances and exits: 60 feet.

(4)

Circulation within parking area.

a.

Minimum aisle width for two-way circulation shall be 26 feet, unless otherwise specified. In areas

commonly used by oversized vehicles, such as delivery and loading areas, the minimum aisle width shall be 30 feet.

b.

Two-way circulation with perpendicular parking is encourages; however, angled parking with one-way circulation is permissible within parking areas subject to the following regulations:

90 degrees 9 feet 19 feet

24 feet

(5)

Improvements to parking areas. All required off-street parking areas shall have the following improvements:

a.

All off-street parking areas and vehicle sales areas, and any driveways used for access shall be paved. Acceptable means of paving shall include asphaltic, concrete or other permanent, impervious material as approved by the city engineer.

b.

Individual parking stalls shall be legibly marked off on the pavement by means of painting or contrasting materials. Arrows painted on paving shall dictate direction of traffic flow. Parking stall striping, directional arrows and parking stall identification shall meet the following standards:

1.

All parking stalls shall be clearly striped and permanently maintained with four-inch side double or hairpin lines on the surface of the parking facility, with the two lines located an equal distance of nine inches on either side of the stall sidelines.

2.

All drive aisles, entrances and exits shall be clearly marked with directional arrows painted on the parking surface.

c.

Vehicle overhangs shall be permissible, subject to the following provisions:

1.

Vehicle overhang may encroach into a landscaped area, provided that a minimum landscape area is not less than seven feet in width, and the landscape overhang area is above and beyond that of the amount of landscape area required.

2.

Vehicle overhang may encroach into a walkway, provided that a minimum unimpeded walkway width not less than five feet is maintained.

d.

Wheel stops shall be required where necessary to alleviate any conditions that may result in vehicular damage to on-site facilities.

e.

Parking area surfaces shall be graded and drained so as to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from adjoining property. Such drainage facilities shall not be allowed to cross the surface of a public sidewalk.

f.

Walkways for pedestrians shall be provided to connect parking areas to destination points. Walkways shall be paved, lighted and have adequate marking for easy identification and direction of pedestrian traffic.

g.

Landscaping.

1.

Landscaping shall be dispersed throughout the parking area, at a rate of one tree for every six stalls. Trees within parking areas shall be a minimum size of 15-gallon, with no less than 25 percent having a minimum size of 24-inch box.

2.

A six-inch curb with a 12-inch concrete walkway shall be constructed along the planter on end stalls adjacent to vehicle parking areas to facilitate access to parked vehicles.

3.

All landscaping shall be within planters bounded by a curb at least six inches wide and six inches high.

h.

Parking areas shall have lighting capable of providing illumination for security and safety. The minimum requirement is one foot candle, maintained across the surface of the parking area. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall utilize full-cut-off fixtures, and be directed away from adjoining properties and public right-ofway.

i.

Parking areas used for private and public parking shall be developed and maintained in good condition and in accordance with the provisions of this chapter.

(Code 1972, § 19.69.030; Ord. No. 1087, 2001; Ord. No. 1241, 2008; Ord. No. 1256, 6-2009; Ord. No. 1296, 8-2013)

Sec. 19.69.035. - Exception to parking standards.

Notwithstanding any other minimum parking requirement set forth in this Title, there shall be no minimum parking required for any residential development project, unless one of the following applies:

(a)

The project is not within ½ mile of a major transit stop or high-quality transit corridor.

(b)

The City makes written findings, within 30 days of the receipt of a completed application, that imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:

(1)

The City's ability to meet its share of the regional housing need in accordance with Section 65584 for lowand very low-income households.

(2)

The City's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.

(3)

Existing residential or commercial parking within one-half mile of the housing development project.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.69.040. - Loading requirements.

(a)

General regulations.

(1)

All non-residential uses shall provide loading spaces not less than ten feet in width, 20 feet in length, and 14 feet in height, except for those spaces intended for use by tractor trailers which shall be a minimum of 12 feet in width 45 feet in length and 14 feet in height, at the rate as follows:

a.

Commercial buildings.

1.

10,000—25,000 square feet of building area: One loading space.

2.

25,001—50,000 square feet of building area: Two loading spaces.

50,001—75,000 square feet of building area: Three loading spaces.

4.

75,001—105, 000 square feet of building area: Four loading spaces.

5.

105,001 or more square feet of building area: Five loading spaces.

b.

Industrial buildings.

1.

20,000—50,000 square feet of building area: One loading space.

2.

50,001—100,000 square feet of building area: Two loading spaces.

3.

100,001—150,000 square feet of building area: Three loading spaces.

4.

150,001 or more square feet of building area: Four loading spaces.

c.

Institutional hospital buildings.

1.

5,000—20,000 square feet of building area: One loading space.

2.

20,001—50,000 square feet of building area: Two loading spaces.

3.

50,001—75,000 square feet of building area: Three loading spaces.

4.

75,001—126,000 square feet of building area: Four loading spaces.

5.

125,001 or more square feet of building area: Five loading spaces.

d.

Office/service buildings.

1.

10,000—50,000 square feet building area: One loading space.

2.

50,001—100,000 square feet building area: Two loading spaces.

3.

100,001 + square feet building area: Three loading spaces.

(2)

All loading facilities and maneuvering areas shall be located on-site.

(3)

Sites shall be designed so that parking areas are separate from loading areas, and loading areas are oriented to the rear or side of buildings.

(4)

Loading facilities shall be screened from the public view by use of walls, landscaping or building design and/or placement.

(5)

Loading areas shall be designed as an integral part of the building architecture and site design.

==> picture [378 x 519] intentionally omitted <==

(Code 1972, § 19.69.040)

CHAPTER 19.70. - LANDSCAPING

Sec. 19.70.010. - Intent and purpose.

(a)

Determinations. The city council has determined the following:

(1)

Water is a valuable resource in limited supply in the state subject to increasing demand.

(2)

The city has set the goal of implementing measurements resulting in the more efficient use of water through landscaping and irrigation design.

(3)

Landscapes provide recreation areas, promote clean air and water, prevent erosion, and replace ecosystems displaced by development.

(4)

Landscape design, installation and maintenance shall be water-efficient.

(b)

Purpose. The purpose of this chapter shall be to:

(1)

Promote the values and benefits of landscapes while recognizing the need to use water as efficiently as possible.

(2)

Establish criteria for designing, installing, and maintaining water-efficient landscapes in new projects.

(3)

Establish landscape design criteria for development projects.

(Code 1972, § 19.70.010)

Sec. 19.70.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Application rate means the amount of water applied to an area in one hour measured in inches per hour.

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.

Check valve or anti-drain valve means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off.

Conversion factor (0.62) means a number that converts the maximum applied water allowance from acreinches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

(325,829 gallons/43,560 square feet)/12 inches = (0.62)

325,829 gallons = one acre foot.

43,560 square feet = one acre.

To convert gallons per year to 100-cubic feet per year (a common billing unit for water), divide gallons per year by 748. (748 gallons = 100 cubic feet).

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

Established landscape means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth.

Establishment period means the first year after installing the plant in the landscape.

Estimated annual water use (EAWU) means the portion of the estimated total water use that is derived from applied water. The estimated annual water use shall not exceed the maximum applied water allowance (MAWA). Estimated annual water use may be the sum of the water used on system components recommended through the irrigation schedule. EAWU is used to estimate the total water use per year for a given hydrozone, and is calculated as follows:

EAWU (in gallons) = (ETo)(0.62)[((PF × HA)/IE) + SLA]

Where:

ETo is reference evapotranspiration (56.65 is a recent ETo rate for the city).

PF is plant factor.

HA is hydrozone area in square feet.

IE is irrigation efficiency (minimum 0.71).

SLA is the amount of special landscape area in square feet.

Evapotranspiration (ETo) or reference evapotranspiration means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. ETo is a standard measure of environmental parameters that affect the water use of plants. ETo is given in inches per day, month or year. ETo is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well-watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance (MAWA) so that regional differences in climate can be accommodated. A recent annual ETo determined for the city is 56.65.

Flow rate means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Invasive species are (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County

Multiple Species Habitat Conservation Plan (MSHCP) (incorporated by reference).

Landscape architect means a person who holds a license to practice landscape architecture in the state (Government Code section 5615).

Landscape plans for the purpose of meeting the requirements of this chapter shall include the following items: planting plan, irrigation plan, soil management plan, and grading plan. A submittal package missing any one of these items will be deemed incomplete.

Landscaped area or LA means all of the planting areas, turf areas and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. Landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

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, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Maximum applied water allowance or MAWA means the upper limit of annual applied water allowed for the established landscaped area, and is calculated as follows:

(1)

For landscapes installed before January 1, 2010, the applicable MAWA (in gallons) =

(ETo)(0.62)(0.8)(LA)

(2)

For landscapes installed after January 1, 2010, the applicable MAWA (in gallons) =

(ETo)(0.62)[0.7 × LA + 0.3 × SLA]

Where:

ETo is reference evapotranspiration.

SLA is the amount of special landscape area in square feet.

LA is total landscape area (including the SLA) in square feet.

MAWA (in gallons) = (ETo)(0.62)[0.7 × LA + 0.3 × SLA]

For the purposes of determining the maximum applied water allowance (MAWA), average irrigation efficiency is assumed to be 0.71. New irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

Overhead sprinkler irrigation systems means systems that deliver water through the air (e.g., pop-ups, impulse sprinklers, spray heads and rotors, etc.).

Rehabilitated landscapes means any re-landscaping project that requires a permit, plan check, or design review, and/or would meet the requirements of 19.70.030(b).

Special landscape area (SLA) means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, and golf courses, where turf provides a playing field or where turf is needed for high traffic activities.

Temporarily irrigated means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less.

Water intensive landscaping means a landscape with a WUCOLS plant factor of 0.7 or greater.

Water service area means an area where retail water services are provided by a local water purveyor. The water purveyor provides metering services and water use billing and shall be responsible for enforcement of this chapter. The city has three water service areas, two of its own, and the area encompassed by the Eastern Municipal Water District (EMWD).

WUCOLS means the publication entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version).

(Code 1972, § 19.70.020)

Sec. 19.70.030. - Water conservation requirements for new or rehabilitated landscapes.

(a)

Intent. By adoption of these provisions, it is the intent of this chapter to:

(1)

Establish provisions for water management practices and water waste prevention;

(2)

Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects;

(3)

Reduce the water demands from landscapes without a decline in landscape quality or quantity;

(4)

Retain flexibility and encourage creativity through appropriate design;

(5)

Attain water-efficient landscape goals by requiring that landscapes not exceed a maximum water demand of 70 percent of its reference evapotranspiration (ETo) rate;

(6)

Eliminate water waste from overspray and/or runoff;

(7)

Achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and

(8)

Implement the requirements to meet the state of California Water Conservation in Landscaping Act 2006 and the California Code of Regulations title 23, division 2, chapter 2.7.

(b)

Applicability. The city has two water service areas, its own and the area encompassed by the eastern municipal water district (EMWD). Water-efficiency standards for landscaping shall apply as follows:

(1)

New or rehabilitated landscape projects throughout the city (city water service areas or EMWD service areas) are subject to the water-efficiency requirements of this chapter as follows:

a.

All new construction landscapes which are homeowner-provided and/or homeowner-hired ("owner-builder")

in single-family and multi-family projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review as determined by the director of development services;

b.

All other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and/or approvals as determined by the director of development services.

(2)

Existing properties with landscape areas within the city water service area are subject to the waterefficiency requirements of this chapter when:

a.

Properties with landscape areas are one acre or greater in size;

b.

Properties less than one acre in size are served by a dedicated landscape irrigation meter; or

c.

Existing properties with landscape areas installed before January 1, 2010, that are less than one acre in size, or not served by a dedicated landscape irrigation meter, are limited to an ETo factor of 0.8, and subject to water conservation enforcement by the water service provider.

(3)

Existing properties with landscape areas within the EMWD water service area are subject to the waterefficiency requirements of this chapter and the terms of EMWD's water service agreement, including, but not limited to, tiered rate pricing, any water shortage contingency plan, Water Use Efficiency Ordinance 72.24, and enforcement thereof. Landscapes installed before January 1, 2010, are limited to an ETo factor of 0.8.

(c)

CC&Rs. When covenants, conditions and restrictions (CC&Rs) are required for any permit subject to this chapter, a condition of approval shall state the following:

(1)

The CC&Rs shall prohibit water-intensive landscaping and require low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. The CC&Rs shall not prohibit use of low-water use plants, nor prohibit the replacement of turf with less water intensive plant species.

(2)

The CC&Rs shall incorporate provisions addressing landscape irrigation system management and maintenance.

(3)

The chapter shall not apply to common areas or open space that is intended to remain natural.

(d)

Cemeteries. Cemeteries are recognized as having unique landscape needs. New, rehabilitated and existing cemeteries are required to comply with the landscape and maintenance protocol described in 19.70.050, if not a registered local, state or federal historical site.

(e)

Exemptions. The following projects or sites are exempt from the provisions of this chapter:

(1)

Any project with a total landscaped area less than 2,500 square feet.

(2)

Registered local, state or federal historical sites.

(3)

Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years.

(4)

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

(5)

Botanical gardens and arboretums open to the public.

(f)

Special landscape areas (SLA). The following specialized landscape areas are allowed an ETo factor of 0.8 when calculating MAWA:

(1)

Publicly accessible recreation areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing field;

(2)

Areas irrigated with recycled water;

(3)

Areas devoted to edible plants;

(4)

Where turf is needed for high traffic activities.

(Code 1972, § 19.70.030)

Sec. 19.70.040. - Landscape plan check requirements.

(a)

Landscape plan requirements.

(1)

An applicant proposing any new or rehabilitated landscape subject to this chapter shall prepare and submit complete landscape plans to the development services department for review and approval. No building permit shall be issued until the plans have been reviewed and approved by the development services department.

(2)

A copy of the approved landscaping and irrigation plans shall be provided to the applicant and the licensed landscape architect who prepared and stamped the plans.

(3)

Conceptual landscaping plans shall be submitted for review and preliminary approval with applications for administrative development plan review, development plan review, conditional use permit, specific plan, and other applications as determined by the development services director. Conceptual landscape plans shall include the following information at minimum:

a.

Planting plan.

b.

Plant palette.

c.

Water use estimates.

d.

Allowed water circulation.

(4)

The final landscape and irrigation plans shall be stamped by a state licensed landscape architect and shall include at a minimum the following:

a.

Landscape design plan.

b.

Irrigation design plan.

c.

Water quality management plan (WQMP) site design BMPs.

d.

Planting details (per the city's technical manual for landscape design), including, but not limited to:

1.

Tree staking (double-staked).

Groundcover spacing.

3.

Planting specifications (trees and shrubs).

4.

Root barriers as necessary.

e.

Maintenance schedule.

f.

Approval block for city signatures.

(b)

Required landscape plan project information.

(1)

Date.

(2)

Applicant name and contact information.

(3)

Project owner and contact information.

(4)

Project address including parcel and lot numbers.

(5)

Site information required by chapter 19.71.

(6)

Total landscape area in square feet.

(7)

Project type (e.g., new, rehabilitated, public, private).

(8)

Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged.

(9)

Applicant signature and date with statement "I agree to comply all requirements of this Ordinance and submit complete Landscape Plans."

(c)

Planting plan requirements.

(1)

The city's technical manual for landscape design shall be referenced for water use classifications of landscape species (WUCOLS) list, approved city street tree list, and landscape design details.

(2)

The "Riverside County Guide to California Friendly Landscaping" is hereby incorporated by reference to assist with developing water efficient landscapes.

(3)

Plants shall be selected appropriately based upon their adaptability to the climate, geologic and topographical conditions on the project site.

(4)

Plant types shall be grouped together according to their water, soil, sun and shade requirements, and relationship to buildings and available shade. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted.

(5)

Designation of any special landscape area dedicated to recreation and publicly accessible areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing field; areas irrigated with recycled water; areas devoted to edible plants; or where turf is needed for high traffic activities.

(6)

Water features and pool regulations:

a.

Decorative water features shall use re-circulating water systems.

b.

Commercial/community-oriented facilities with pools and/or spas shall be equipped with covers to minimize evaporation when not in use.

c.

Where available, recycled water shall be used as the source for irrigation and decorative water features.

(7)

Areas to be accepted for maintenance by the city shall be clearly indicated by a concrete mow strip, wall or other element easily distinguished from adjacent landscaping. A concrete mow strip shall separate turf from other planting areas.

(8)

Trees are an essential element of landscape design and their inclusion shall be carefully considered and optimized. As opportunity permits, trees shall be planted to increase the urban canopy, cleanse the air, reduce the heat island effect and conserve energy. Trees for shade (deciduous and/or evergreen) shall be provided per chapter 19.71 for residential, commercial and industrial building sites, parking lots and in open space areas to maximize energy and water conservation.

(9)

Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain.

(10)

Plant selection for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code section 4291(a) and (b). Fireprone plant materials and highly flammable mulches shall be avoided.

(11)

Protection and preservation of native species and natural areas is encouraged.

(12)

Invasive species of plants shall be avoided, especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in to environmentally sensitive areas.

(13)

Exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum three-inch layer of organic material, except in areas with groundcover planted from flats where mulch depth shall be two inches.

(14)

Stabilizing organic mulching products shall be used on slopes.

(15)

Turf areas shall be used in response to functional needs and in compliance with the water budget.

(16)

Planting plans shall identify and site the following:

a.

New and existing trees, shrubs, groundcovers, and turf areas within the proposed landscape area;

b.

Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size;

c.

Designation of hydrozones;

d.

Area, in square feet, devoted to landscaping with a breakdown of the total area by landscape hydrozones;

e.

Property lines, streets, and street names;

f.

Building locations, driveways, sidewalks, retaining walls, and other hardscape features;

g.

Appropriate scale and north arrow;

h.

Any special landscape areas;

i.

Type of mulch and application depth;

j.

Type and surface area of any water features;

k.

Type and installation details of any applicable stormwater best management practices;

l.

Planting specifications and details, including the recommendations from the soils analysis as applicable.

(17)

Planting plans shall be prepared using the following maximum applied water allowance (MAWA):

MAWA (in gallons) = (ETo)(0.62)[0.7 × LA + 0.3 × SLA]

Where:

ETo is reference evapotranspiration.

SLA is the amount of special landscape area in square feet.

LA is total landscape area (including the SLA) in square feet.

For the purposes of determining the maximum applied water allowance (MAWA), average irrigation efficiency is assumed to be 0.71. New irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

(18)

Hydrozones shall be calculated according to estimated annual water use (EAWU). The EAWU for a given hydrozone is calculated as follows:

EAWU (in gallons) = (ETo)(0.62)[((PF × HA)/IE) + SLA]

Where:

ETo is reference evapotranspiration (56.65 is the evapotranspiration rate for the city, as measured in inches of water per year).

PF is plant factor.

HA is hydrozone area in square feet.

IE is irrigation efficiency (minimum 0.71).

SLA is the amount of special landscape area in square feet.

1.

Landscaping plans shall provide EAWU in the same units as the MAWA for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project.

2.

The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0.

3.

The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used.

4.

The surface area of a water features shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone.

(19)

Reference is made to the technical manual for landscape design for the (PF) value of a specific plant; the irrigation efficiency (IE) value for the various types of irrigation heads or emitters; the AE value of a control system; and other supplementary details on conforming to requirements that are a part of this chapter.

(20)

Planting and irrigation plans shall be drawn at the same size and scale.

(21)

Planting and irrigation plans shall be prepared by a landscape architect licensed by the state.

(d)

Irrigation design plan requirements.

(1)

The "Riverside County Guide to California Friendly Landscaping" (Guide) is hereby incorporated by reference to assist the applicant in designing, constructing, and maintaining an efficient irrigation system.

(2)

Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

(3)

The applicant/developer for a project in the eastern municipal water district (EMWD) shall contact EMWD prior to irrigation system design to determine the availability of recycled water or potable water service. If EMWD determines that potential service will be furnished with recycled water, the landscape and irrigation plans shall be designed in accordance with EMWD requirements for recycled water systems.

(4)

All irrigation systems shall be designed to prevent runoff, over-spray, low-head drainage and other similar conditions where water flows off site onto adjacent property, non-irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic

pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

(5)

Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions, unless the use of the property would otherwise prohibit use of a timer.

(6)

Water systems for common open space areas shall use non-potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non-potable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the state regional water quality control board, the county health department and EMWD.

(7)

Separate valves shall be provided for separate water use planting areas so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency.

(8)

Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation.

(9)

The capacity of the irrigation system shall not exceed:

a.

The capacity required for peak water demand based on water budget calculations;

b.

Meter capacity; or

c.

Backflow preventer type and device capacity.

(10)

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

(11)

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(12)

Non-turf areas on slopes greater than 25 percent shall be irrigated with drip irrigation or other low volume irrigation technology.

(13)

Long, narrow, or irregularly shaped areas including turf less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.

(14)

Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs.

(15)

Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.

(16)

All irrigation systems shall be equipped with the following:

a.

A smart irrigation controller as defined in subsection (d)(5) of this section;

b.

A rain-sensing device to prevent irrigation during rainy weather;

c.

Anti-drain check valves installed at strategic points to minimize or prevent low-head drainage;

d.

A manual shut-off valve shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency or routine repair;

e.

A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system;

f.

Backflow prevention devices; and

g.

Riser protection components for all risers in high traffic areas.

(17)

Dedicated landscape meters shall be required for all projects greater than 2,500 square feet.

(18)

Irrigation plans shall identify and site the following:

a.

Hydrozones.

1.

Each hydrozone shall be designated by number, letter or other designation.

2.

A hydrozone information table shall be prepared for each hydrozone.

b.

The areas irrigated by each valve;

c.

Irrigation point of connection (POC) to the water system;

d.

Static water pressure at POC;

e.

Location and size of water meters, service laterals, and backflow preventers;

f.

Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment;

g.

Total flow rate (gallons per minute), design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit;

h.

Precipitation rate (inches per hour) for each overhead spray circuit;

i.

Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;

j.

Irrigation system details for assembly and installation;

k.

Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and

l.

Irrigation plans shall contain the following statement, "I agree to comply with the criteria of this chapter and to apply them for the efficient use of water in the Irrigation Design Plan."

(19)

For each valve, two irrigation schedules shall be prepared identifying the specific water needs of the plants and turf throughout the calendar year: One for the initial establishment period of six months, and one for the established landscape.

(20)

Irrigation plans and planting plans (subsections (c) and (d) of this section) shall be drawn at the same size and scale.

(21)

Whenever possible, irrigation scheduling shall incorporate evapotranspiration (ETo) data from the California Irrigation Management Information System (CIMIS) weather stations to determine the appropriate levels of water application for this climate. A local weather station is located at UC Riverside (wwwcimis.water.ca.gov/).

(22)

Irrigation system for areas to be accepted for maintenance by the city shall have a centralized control system or controllers that can be programmed and that measure soil moisture and evapotranspiration rates associated with centrally controlled systems.

(e)

Soil management plan requirements.

(1)

After mass grading, the project applicant or his designee shall:

a.

Perform a preliminary site inspection;

b.

Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil samples;

c.

Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and

d.

Obtain appropriate soil samples.

(2)

The project applicant or his designee shall submit soil samples to laboratory for analysis and recommendation. The soil analysis may include:

a.

Soil texture;

b.

Infiltration rate determined by laboratory test or soil texture infiltration rate tables;

c.

pH;

d.

Total soluble salts;

e.

Sodium; and

f.

Recommendations.

(3)

The project applicant or his designee shall prepare documentation describing the following:

a.

Soil type;

b.

Identification of limiting soil characteristics;

c.

Identification of planned soil management actions to remediate limiting soil characteristics; and

(4)

The soil analysis report and documentation verifying implementation of soil analysis report recommendations shall be submitted to the city pursuant to the requirements of subsection (h)(3) of this section.

(f)

Grading design plan requirements, as applicable.

(1)

The landscape plans shall include rough/precise grade elevations prepared for the project by a licensed civil engineer.

(2)

Rough grading plans shall include water quality management plan (WQMP) BMPs such as basins, swales, and permeable surfaces other than green landscape.

(g)

Landscape irrigation and maintenance. This section applies to all landscape projects subject to this chapter. The "Riverside County Guide to California Friendly Landscaping" (Guide) is hereby incorporated by reference to promote water use efficiency.

(1)

Two irrigation schedules shall be prepared: One for the initial establishment period of six months, and one for the established landscape, which incorporates the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller.

(2)

A regular maintenance schedule shall be submitted to the development services director, property owner, and water purveyor, with the certificate of completion (subsection (h)(3) of this section). A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices.

(3)

Repair of all irrigation equipment shall be done with the originally installed components or equivalent.

(4)

All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

(5)

Information shall be provided to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes.

(h)

Landscape plan check process.

(1)

As part of the land development process and prior to construction, the city shall:

a.

Provide the project applicant with this chapter and procedures for permits, plan checks, or design reviews;

b.

Review the landscape plans submitted by the project applicant;

c.

Approve or reject the landscape plans; and

d.

Issue a permit or approve the plan check or design review for the project applicant.

(2)

For all landscape projects subject to this chapter, the project applicant shall submit complete landscape plans prior to construction for review and approval by the director of development services. Planting plans, irrigation plans, soils management plans and grading plans shall be reviewed to ensure that all components adhere to the requirements of this chapter. A licensed landscape architect shall sign to verify the plans comply with this chapter. Any plans submitted without the appropriate signature shall not be accepted for review.

(3)

A certificate of completion shall be completed and signed by a licensed landscape architect prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter. The certificate of completion and a regular maintenance schedule shall be submitted to the development services director certifying that the landscaping has been completed in accordance with the approved landscape plans (planting, irrigation, soil management, and grading design) for the project. The certificate of completion shall contain the following information:

a.

Date;

b.

Project information;

c.

Project name;

d.

Project applicant name, telephone, mailing address;

e.

Project address and location;

f.

Property owner name and mailing address;

g.

Prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached);

h.

The landscaping has been installed in conformance with the approved planting and irrigation plans;

i.

Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached);

j.

The smart irrigation controller has been set according to the irrigation schedule;

k.

The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff;

l.

Verification that a copy of the approved complete landscape plans, irrigation schedule, and maintenance schedule has been provided to the property owner and the local water purveyor (either EMWD or city); and

m.

Verification that the maintenance schedule has been provided to the development services director.

(4)

At minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor.

(5)

The development services director or his designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this chapter.

(Code 1972, § 19.70.040)

Sec. 19.70.050. - Landscape water use efficiency measures.

(a)

Restrictions. The following water conservation measures are intended to avoid water waste, are effective at all times, and are permanent.

(1)

Limits on watering hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or

device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.

(2)

No excessive water flow or runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

(3)

No washing down hard or paved surfaces. Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a lowvolume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high pressure water broom.

(4)

Obligation to fix leaks, breaks or malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days, is prohibited.

(b)

Landscape meter requirements.

(1)

A separate dedicated meter is required for new landscape areas greater than or equal to 2,500 square feet.

(2)

The efficient use of water shall be considered in the design of any new landscape area. The MAWA will be calculated for customers that request a new account using the formula in section 19.70.040(c).

(3)

Prior to the issuance of a meter, the new customer shall calculate the EAWU for each landscape area using the formula provided in section 19.70.040(c). For the new meter to be issued, the EAWU shall be reviewed by the local water purveyor to ensure the water budget for the landscape area does exceed the MAWA calculated under this chapter.

(4)

New accounts that must comply with equivalent or more stringent water use efficiency measures imposed by another jurisdiction (the state, public utility companies, etc.), do not need to comply with the

requirements of this section, but may need to provide information about the landscape area to the local water purveyor.

(c)

Enforcement. Water waste resulting from inefficient landscape irrigation shall be prohibited. The city employs random irrigation audits and/or irrigation surveys to ensure the landscape area meets the applicable MAWA to ensure water is being used efficiently in its water service areas. Within the EMWD water service area, existing landscaped properties are subject to EMWD's tiered rate water budget and water conservation enforcement procedures.

(1)

Existing landscapes including green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries, and publicity owned landscapes are subject to review of water usage. For landscapes installed before January 1, 2010, the applicable MAWA (in gallons) = (ETo)(0.62)(0.8)(LA).

a.

If water bills indicate that the facility is using less than or equal to the maximum applied water allowance for that project site, no action is necessary.

b.

If water bills indicate that the facility is using more water than the maximum applied water allowance, the irrigation system shall be reviewed and fine tuned to the greatest extent feasible to increase efficiency of the system.

(2)

Within both the city and EMWD water service areas warnings, correction notices (notice of violation), citations and/or penalties (including fees) may be issued for any violation of this chapter.

(Code 1972, § 19.70.050)

Sec. 19.70.060. - Landscape design guidelines.

This section shall serve as a guideline only, and additional requirements may be appropriate for special or unique projects, or as determined by the director of development services. Reference is made to chapter 19.71 and the technical manual for landscape design for supplementary details on conforming to requirements of this chapter.

(1)

Street tree requirements. Street trees shall be incorporated along all street right-of-way and shall be provided to the following specifications:

a.

General.

1.

Type of street trees should be consistent with existing street trees.

2.

Trees with fruit, nuts, pepper, or other maintenance intensive characteristics are not encouraged for use as street trees.

b.

Commercial, industrial, multi-family residential, parks and public facilities.

1.

A minimum of one tree per 30 feet of lineal frontage. In order to enhance design, trees may be placed in groupings; however, the number of trees provided shall be derived as stated above.

2.

The minimum size for the street trees shall be 24-inch box.

3.

Lineal root barriers shall be installed for any street tree which is planted within five feet of public right-ofway or sidewalk.

c.

Single-family residential.

1.

Standard lots shall have a minimum of one tree per 30 lineal street frontage; however, each lot shall have a minimum of one street tree per lot (cul-de-sac lots).

2.

Corner lots shall have three street trees, minimum or one street tree for every 30 lineal feet of street frontage.

3.

Corner lot side yard planting areas between fences/walls and sidewalks shall be planted with five gallon shrubs at spacing no greater than five feet o.c. to achieve an 80 percent shrub cover in five years and onegallon groundcover at not more than 24 inches o.c. One-gallon vines shall be placed at 20 feet o.c.

4.

The minimum size for the street trees shall be 24-inch box.

5.

Lineal root barriers shall be installed for any street trees planted within five feet or closer to hardscape or walks.

(2)

Median and parkway requirements.

a.

In accordance with the circulation element of the general plan, medians shall be installed along expressways, primary arterials, secondary and may be required for other significant roadways, including those within specific plans. The requirement for median treatments along other roadways will be dependent upon traffic control needs, and if required, shall be landscaped according to these guidelines.

b.

The design of the median shall be consistent for each street and comply with the following guidelines:

1.

Turf treatment shall be minimized.

2.

Water runoff into the street shall not occur.

3.

Trees, shrubs, and groundcover shall be incorporated.

4.

Shrub placement shall be designed to form natural groupings that will not require excessive pruning or hedging, with varying heights, to create a multi-tiered effect. Shrubs shall be spaced to provide 80 percent coverage of planting area within five years of installation.

5.

Shrubs within medians shall not exceed 36 inches in height. Within 50 feet of the end of the median, plant materials shall not exceed 24 inches in height.

c.

Parkways with slopes shall be designed to match the parkway planting theme and plant materials. Slopes shall be a maximum of 3:1. Slopes greater than 3:1 shall use a split/tiered system with a four-foot wide, minimum, planter area between the block wall and retaining wall.

d.

Natural clustering of tree species is encouraged.

e.

Street trees shall be placed to avoid conflicting with utilities and visibility site lines. Street tree placement shall comply with landscaping detail L-20 of the technical manual for landscape design. Street trees in medians shall comply with landscaping detail L-21 of the technical manual for landscape design for distance from the ends of medians. All trees within medians shall have lineal root barriers.

f.

Street trees placed within five feet of hardscape elements or walls shall have lineal root barriers.

g.

Street trees placed in turf shall have a minimum four-foot diameter clear ring around the tree trunk with three inches of wood mulch within the ring.

h.

A three-inch thick uniform layer of wood mulch shall be placed in planting areas.

i.

Medians shall be designed to have a two-foot wide hardscape surface on one edge. Up to 30 percent of the total landscaped area may be a combination of hardscape and inert or natural groundcovers.

j.

Hardscape concepts that are integrated into the overall design and do not dominate the landscape design are acceptable, as determined by the development services director.

k.

Landscape designs should be easily maintained.

l.

Evergreen trees shall be included in the landscape design, and the inclusion of deciduous varieties is optional.

m.

Above grade irrigation equipment, such as controllers, sensors, and backflow devices shall be placed in shrub planting areas for screening purposes.

n.

Utility vaults or boxes, irrigation equipment and other above grade utility elements shall not be placed at intersections.

o.

Irrigation equipment shall comply with requirements of section 19.70.040(d). Use of sprayheads is discouraged, and shall not occur within medians with width of 14 feet or less.

p.

The landscape design shall not create any sign distance or visibility problems.

(3)

Residential subdivision requirements.

a.

Parkways alongside yards on corner lots and other public areas such as bus stops and cluster-box mailbox areas shall be irrigated and metered separately, and clearly identified by a concrete mow strip, wall or element easily distinguished from private adjacent landscaping. These areas shall be accepted for maintenance by the city.

b.

Street trees shall be provided per subsection (1) of this section.

c.

A minimum of two 15-gallon front yard trees shall be provided (in addition to street tree requirements).

d.

Shrub placement shall achieve 50 percent cover of the planting area within five years of installation. 50 percent of the shrub quantity shall be five gallon or larger. Five-gallon vines shall be placed on fences and walls at a minimum of 20 feet or closer.

e.

The front yard turf area shall not exceed 70 percent of the total planting area.

f.

For trees placed in turf, provide a four-foot wide minimum clear ring.

g.

Concrete stepping pads shall be placed to provide access from side yard gates to driveway and/or walk.

h.

Irrigation systems shall be fully automatic. The irrigation controller shall be placed in the garage. Irrigation control wires shall be routed in a two-inch diameter schedule 40 PVC conduit with a minimum of 12-inch cover.

i.

Irrigation valves shall be placed in a location away from the residential entry where they shall be screened with plant materials.

j.

All irrigation lines shall be schedule 40 PVC.

k.

The use of low volume irrigation is encouraged in shrub planting areas. Turf shall be irrigated with six-inch pop-up heads, when shrubs are irrigated with six-inch pop-up heads, when shrubs are irrigated with spray heads 12-inch pop-up heads shall be used.

l.

Automatic rain shutoff devices shall be provided.

(4)

Multi-family residential development.

a.

Street trees shall be provided as stated in subsection (1) of this section.

b.

Turf area should be confined to use areas such as play areas, and shall otherwise be minimized.

c.

Trees, shrubs, groundcovers, and annual color plant material shall be provided, and the plans shall integrate into the design of the multi-family project.

d.

Enhanced landscaping shall be provided at entries along with automatic security gates. Such enhanced landscaping shall not adversely affect sight lines for vehicles entering or leaving the project.

e.

In parking areas, one 24-inch box tree shall be provided for every six parking stalls. At each end of parking stalls, an eight-inch wide minimum island shall be provided. Two 24-inch box trees shall be installed in each parking island. Palm trees may be used in parking islands: when palm trees are used they shall have a 12inch high minimum brown trunk. Trees in island planters shall be installed with lineal root barriers. 30 percent of the trees in project shall be 36-inch box size or larger.

f.

Between parking islands trees shall be placed in four-foot minimum square diamond planters. Parking lot trees in diamond planters shall be installed with root barriers.

g.

The use of turf grass shall conform to the MAWA and the EAWU for the project.

h.

Parking areas shall be screened by a 36-inch high shrub border. The shrub border shall be created by installing a double row of five-gallon shrubs at three feet six inches o.c.

i.

Trash enclosures, shall be screened with a six-foot high shrub hedge. To achieve this hedge, five-gallon shrubs shall be installed at no greater than four feet o.c.

j.

Shrubs shall be placed within the planting areas at one shrub per every 30 square feet, except where screen requirements may require a denser planting of shrub material. 80 percent of the required shrub quantity shall be five-gallon or larger.

k.

Where pedestrian plazas, outdoor courtyards, or dining areas, occur shade trees shall be placed to provide a 50 percent summer time shade cover.

l.

Outdoor dining areas shall be enclosed by a 30-inch high masonry wall and/or shrub hedge. Place fivegallon or larger vines on structures with one vine per 400 square feet of structure (two vines minimum).

m.

Overhead arbor shade structures may be used to provide shade cover to pedestrian areas. Overhead structures shall be planted with vines.

n.

Five-gallon sized vines shall be placed on walls and fences at 20 feet o.c.

o.

Planting areas may incorporate the use of inert groundcovers. Up to 25 percent of the planting area can be covered by an inert groundcover. Shrub planting areas shall have 80 percent cover after three years of installation.

p.

80 percent of the shrubs installed shall be five gallon or larger.

q.

Planting within the site shall incorporate plant materials that complement the streetscape.

r.

Site amenities for the project shall include some of the following: clubhouse, pool and spa, basketball court, children's play area, picnic shelters and tables, outdoor patios, lawn bowling, walking trails, dog play area, tennis courts or other court games. The city shall determine which recreation elements will be required.

s.

Front yards of duplexes or triplexes shall comply with the standards for typical front yards.

t.

Rear and side yards shall be fenced to comply with the standards for single-family housing.

(5)

Slope stabilization and planting.

a.

Slopes that are 3:1 or steeper and four feet or higher, shall plant one approved tree for every 400 square feet, with 70 percent of trees 15 gallons sized, and 30 percent being five gallon sized. Trees shall be placed in informal groupings, and be a mix of deciduous and evergreen.

b.

Shrubs are to be placed with like species grouped in informal patterns according to hydrozones. Shrubs shall be provided at the rate of one five-gallon ornamental shrubs for every 75 square feet, and one gallon perennial flower/ornamental shrub for every 60 square feet.

c.

In addition to shrub materials, an approved groundcover shall be installed using rooted cuttings or onegallon plants.

d.

Water-wise plants materials shall be used for slope plantings.

e.

For slopes five feet in height or greater, an approved erosion control fabric shall be installed. Plant materials shall be installed after erosion control fabric has been installed.

f.

Slopes that interface with the street landscape shall incorporate the planting scheme and materials of the street landscape.

(6)

Commercial landscaping requirements.

a.

Parking areas.

1.

Tree size: Minimum of 15-gallon, 30 percent of trees shall be 36-inch box or larger.

2.

A minimum of one 24-inch box tree per six parking stalls.

3.

Shade trees shall be provided in accordance with chapter 19.71.

4.

Trees with fruit, nuts, pepper, or other maintenance intensive characteristics are not encouraged for use as street or parking area trees.

5.

Between parking islands trees shall be placed in four-foot, minimum, square planters.

6.

At each end of parking stalls, an eight feet wide, minimum, island planter shall be provided with two 24inch box trees.

7.

Island planter trees shall be installed with lineal root barriers.

8.

Parking areas and drive-through lanes shall be screened by a 36-inch high shrub border using a double row of five-gallon shrubs at 3½ feet o.c.

9.

A minimum of ten percent of the site shall be landscaped.

Loading areas shall be screened.

11.

Expanses of building and walls shall be broken up with landscaping.

12.

Trash enclosures, loading/unloading areas, and truck parking areas shall be screened/broken up with sixfoot high shrub hedge. Hedges shall be five gallon shrubs spaced at four feet o.c., maximum.

13.

Where loading/unloading areas abut residential areas, parks or a street a 25-foot planting buffer area shall be provided in addition to any setback of rights-of-way. A mixture of vertical form deciduous and evergreen trees shall be placed within the planting buffer at 25 feet o.c. maximum. 15-gallon shrubs shall be provided at six feet maximum to provide a six-foot high screen adjacent to residential areas or parks. Where the loading/unloading area is adjacent to a street, a six-foot high shrub screen shall be placed adjacent to the loading/unloading area. In addition to the shrub screen of loading and service areas, trees shall be placed at 15-foot to 20-foot o.c. 50 percent of the trees used for screening shall be 36-inch box size, and 50 percent shall be 24-inch box size.

nt to residential areas or parks. Where the loading/unloading area is adjacent to a street, a six-foot high shrub screen shall be placed adjacent to the loading/unloading area. In addition to the shrub screen of loading and service areas, trees shall be placed at 15-foot to 20-foot o.c. 50 percent of the trees used for screening shall be 36-inch box size, and 50 percent shall be 24-inch box size.

14.

Shrubs shall be placed within the planting areas at one shrub per each 30 square feet, except where screen requirements may require a denser planting. 80 percent of the required planting shall be five-gallon or larger.

15.

Planting within the site shall incorporate plant materials that complement the streetscape.

16.

Enhanced landscaping shall be provided at all points of entry to the site.

17.

Street trees as stipulated in street tree portion of this chapter shall be provided.

(7)

Industrial landscaping requirements. Same as subsection (6) of this section.

(8)

Model home complex landscape requirements.

a.

Landscaping plans as described in section 19.70.040 shall be required.

1.

Model homes complexes shall use signs and provide written information to demonstrate the principles of water efficient landscapes as described in this chapter.

2.

Signs shall identify the model exemplifying water efficient landscape elements such as hydrozones, irrigation equipment, and other features that contribute to the overall water efficient theme.

3.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

b.

A minimum of 25 percent of the model homes shall be landscaped with xeriscape designs.

c.

All shade structures, arbors, gazebos, pergolas, decks or other structures used in the model complex shall be designed and constructed to meet city building codes.

d.

All trap fencing shall be located outside of the public right-of-way. Trap fencing must be secured to be stable throughout the sales period of the model homes.

e.

Temporary landscaping shall be provided within a planter area surrounding the sales parking area, as follows:

1.

24-inch box trees shall be planted near parking spaces at a rate of one tree per every two spaces. Additional trees shall be installed so that the total quantity of trees equals or exceeds the rate of one tree per 30 linear feet. Additional trees shall be sized 24-inch box or larger. Planting schemes must incorporate the approved city street trees in the model front yards.

2.

Planting concepts used shall employ waterwise garden design principles. This shall include plant selection, reduction of the amount of turf to comply with the typical front yard standards, and use of mulch materials, inert groundcovers and hardscape.

3.

A shrub border shall be installed at the perimeter of the parking lot and maintained at a height of 36 inches. Minimum five-gallon sized shrubs within the screening border shall be installed at 30 inches o.c. maximum.

f.

Model home front yard designs must use concrete mow strip between any turf and plantings.

g.

A minimum of 15 percent of front yard shrubs used shall be 15-gallon material. Not more than 30 percent of the shrubs shall be one-gallon material. All remaining shrubs shall be five-gallon sized.

h.

Turf used in the landscape design shall not exceed the MAWA and EAWU for the model home complex (the project).

i.

Groundcover shall be installed in all non-turf planter beds, including up to the stems of shrubs and the trunks of trees.

(9)

Landscape for screening. When landscaping is provided for screening purposes, the following criteria shall be met:

a.

Plant material shall be sized and spaced appropriately to ensure 100 percent screening within three years of installation.

b.

The plant material shall be of variety that will retain screening qualities at all times of the year.

c.

The landscape shall be maintained in a viable and healthy growth condition.

d.

The landscape screen shall be served by a permanent automatic irrigation system.

(Code 1972, § 19.70.060)

Sec. 19.70.070. - Inspections and certification.

(a)

Inspections for privately maintained landscaping. Upon approval of the landscape plans, the development services department shall provide the applicant with one set of the approved plans to be kept on the project site for inspection purposes. For privately maintained areas, a minimum of three landscape inspections shall be conducted by the city, as follows:

(1)

Upon the installation of the irrigation equipment, when trenches are open and the system can be pressurized to 150 pounds-per-square-inch for four hours;

(2)

After soil preparation, at the time the plant materials are positioned and ready to plant; and

(3)

At the time plant materials are fully installed and the irrigation system is functional.

(b)

Inspections for publicly maintained landscaping. Upon approval of the landscape plans, the development services department will provide the applicant one set of the approved plans to be kept on the project site for inspection purposes. For areas to be accepted for maintenance by the city, a minimum of four landscape inspections shall be conducted by the city, as follows:

(1)

Upon the installation of the irrigation equipment, when trenches are open and the system can be pressurized to 150 pounds-per-square-inch for four hours;

(2)

After soil preparation, at the time the plant materials are positioned and ready to plant;

(3)

At the time plant materials are fully installed and the irrigation system is functional. Any equipment, devices, lighting, pumps and appurtenances must be fully functional at the time of the third inspection. When the third inspection is approved and finalized by the city's landscape architect, a one-year period of maintenance will be required prior to the fourth inspection.

(4)

The fourth inspection will take place a minimum of one year after obtaining approval of the third inspection. This time period will be extended if the improvements are not maintained at a high standard as required during the year. When the fourth and final inspection is approved and finalized by the city's landscape architect, the city will accept the improvements for maintenance. The following shall be provided before the fourth inspection can be approved and finalized by the city's landscape architect and the public works department:

a.

A set of city approved "as-builts" on Mylar.

b.

A landscape and irrigation maintenance schedule shall include the checking, routine inspection, adjustment and repair of the irrigation system and its components; resetting and adjusting the automatic controllers; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscaped areas.

c.

A maintenance schedule for non-landscaped areas shall include the checking, routine inspection, adjustment, painting, replacement and repair of lighting; playground equipment; monument areas and signage; and other appurtenances.

d.

The landscape plan check application and water budget agreement entered into with eastern municipal water district or the city, along with a copy the most recent monthly water budget statement for landscape meters as provided by EMWD or the city.

e.

Meter and account information for all utilities.

f.

Equipment, warranties, keys, manuals and software.

(Code 1972, § 19.70.070; Ord. 1265, 2-2010)

CHAPTER 19.71. - URBAN FORESTRY ESTABLISHMENT AND CARE

Sec. 19.71.010. - Purpose.

(a)

Description and benefits. An urban forest is the assemblage of trees in a community that line streets, enhance parks, public spaces and grow wild or are planted in open spaces that this chapter seeks to protect and enhance. The urban forest includes trees in commercial centers, schools, industrial parks and residential areas, for which property owners provide care and protection. As a city grows, a well-maintained urban forest grows with it providing a sense of permanence, a source of civic pride, and enhancing the quality of life for its citizens and visitors. Urban forests are also a cost effective means of addressing critical community and regional issues ranging from improving local air quality to combating global climate change. The benefits of an urban forest are many:

(1)

Trees produce oxygen and remove carbon dioxide from the air.

(2)

Trees enhance community attractiveness by softening views of buildings, parking lots, and streets.

(3)

Trees capture storm flows at their base and moisture and rain in their leaves, thereby reducing urban runoff and decreasing pollution of water bodies.

(4)

Trees provide energy-reducing shade to significantly cool buildings, pavement and the microclimate (the urban "heat-island" effect).

(5)

Mature trees have considerable value and increase property values.

(6)

Trees provide habitat to birds and other species.

(7)

Trees promote neighborhood walkability, friendship and healthful pursuits.

(8)

Healthy, mature trees on a public street demonstrate responsibility and stewardship of natural resources, creating a source of civic pride.

(b)

Purpose.

(1)

To establish and maintain a healthy urban forest in the city.

(2)

To create an urban forestry board to guide the city in the establishment and care of its urban forest.

(3)

To establish guidelines for the planting, care and maintenance of trees within the city.

(4)

To ensure the protection of trees during development and redevelopment of properties in the city.

(5)

To avoid conflict between trees and utilities and other public improvements.

(6)

To identify public hazard and nuisance trees, and establish removal procedures.

(c)

Intent. By these procedures and standards it is the intent of this chapter to establish, maintain and protect a thriving urban forest to benefit all who live, visit or work in the city.

(Code 1972, § 19.71.010)

Sec. 19.71.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Arborist means a person possessing the technical competence through experience and related training to provide for or supervise the management of trees or other woody plants in a landscape setting; an expert in the cultivation and care of trees that is certified by the International Society of Arboriculture (ISA) or another nationally recognized tree research, care, and preservation organization.

Arborist report means a technical report that identifies the species, size and condition of trees, and identifies the nature of the tree work to be undertaken and appropriate protection. An arborist report provides reasons for any proposed project-related pruning (limbs or roots) or destruction, and describes tree mitigating activities to be implemented. It details specific information about the tree in question including location, condition, structural integrity, life expectancy, disease, infestations and vigor. The arborist report must include specific information in both drawing and text format.

Bark means the tissue on the outside of the vascular cambium. Bark includes all tissues of the main stem, lateral parts and below-ground parts between the xylem and the epidermis of the phylum.

Cambium means the layer of living cells between the bark and hardwood that each year produces additional wood and bark cells. This layer is responsible for the diameter growth of a tree.

Central leader means the single main stem or trunk of a tree. For most trees, it is important to have just one central leader to provide strength and stability. Exceptions include some fruit trees and topiaries where a straight form is not desired.

City property means land owned by the city, including all lands dedicated to the public and administered by the city, including city parks, street right-of-way, and street medians.

Crown consists of the living branches and their foliage. The crown projection area of a tree is the area of the vertical projection of the outermost perimeter of the crown on the horizontal plane.

Crown raising pruning means the practice of removing branches from the bottom of the crown of a tree to provide clearance for pedestrians, vehicles, buildings, or lines of sight. For street trees, the minimum clearance is typically specified by ordinance. After pruning, the ratio of the living crown to total tree height should be at least two-thirds (e.g., a 15-foot tall tree should have living branches on at least the upper ten feet).

Crown reduction pruning means a method of pruning used to reduce the height of a tree. It is typically used when a tree has outgrown its permitted space. Branches are cut back to laterals that are at least one-third the diameter of the limb being removed. Crown reduction pruning is a method of last resort that can result in large pruning wounds to stems that may lead to decay. This method should not be used on a tree with a pyramidal growth form.

DBH means "diameter at breast height". DBH is commonly measured at 54 inches (4½ feet) above natural grade. This is a commonly used term for tree diameter used throughout this chapter.

Deciduous tree means trees and shrubs that lose their leaves after each growing season, often preceded by a change of colors.

Dripline means a projected line on the ground that corresponds to the outer circumference of the tree canopy branches. This is where the tiny rootlets are located that take up water for the tree. Trees should be watered here, not by the base of the trunk, to avoid root rot.

Epicormic sprouts means narrow shoots or clumps of shoots produced along the trunk, or the suckers that grow from the ground around the base of the tree. Water sprouts are a form of epicormic sprouts that occur on stems and branches. Epicormic sprouts often form in response to the sudden exposure to light in a forest setting, but in urban areas they are more often associated with stress to the tree. In older wood, epicormic shoots often result from severe defoliation or radical pruning.

Evergreen trees means trees that do not lose their leaves.

Excessive pruning means removal of more than one-fourth of the functioning leaf and stem area of a tree in any 12-month period.

Hazardous tree means a tree which by reason of disease, infestation, age or other condition presents a known and immediate hazard to persons or to public or private property.

Heat island effect means a phenomenon that occurs in urban areas after natural land cover is replaced with paving, buildings, roads, parking lots, and other structures. Air pollution becomes trapped, resulting in higher outdoor temperatures. Urban heat islands can be as much as ten degrees Fahrenheit hotter than the surrounding undeveloped areas. The heat island effect can be mitigated by vegetation, green roofs, and light-colored materials that reflect heat.

after natural land cover is replaced with paving, buildings, roads, parking lots, and other structures. Air pollution becomes trapped, resulting in higher outdoor temperatures. Urban heat islands can be as much as ten degrees Fahrenheit hotter than the surrounding undeveloped areas. The heat island effect can be mitigated by vegetation, green roofs, and light-colored materials that reflect heat.

Heritage tree means a tree or a stand of trees that is designated to be of landmark importance by the urban forestry board due to age, size, species, location and/or ecological, cultural or historic importance that may not be harmed, and for which removal can only be granted by petition to the urban forestry board upon merit.

Landscape design guidelines and technical manual means section 19.70.040, which describes landscaping requirements by development type and location. The separate technical manual is an appendix that includes irrigation, landscape and planting detail sheets, water use classifications of landscape species (WUCOLS), and the approved tree list as adopted by the city. Reference to detail sheets shall be indicated as "Detail P-2," "Detail L-3," etc. This appendix will be referred to as the technical manual for landscape design.

Mitigation means the methods of tree replacement, direct costs, and/or retention used to lessen the environmental impact of development.

Mulch means organic material or rock placed over the soil surface of a planting area which serves the same function as leaf-litter in a natural forest environment.

Nuisance tree means an undesirable tree that by reason of aesthetics, disease, damage, location, or other valid reason is eligible for removal as determined by the director of public works, on the advice of the city arborist, or his designee.

PMC means the Perris Municipal Code.

Protected tree includes all special status trees designated as such by age, size, species, location, cultural and/or ecological or historic importance that may not be harmed. Protected trees include, but are not limited to, city trees, heritage trees, specimen trees, and trees required by ordinance and/or as a condition of approval for development. Protected trees carry penalties for unauthorized removal.

Removal means the cutting or removing of 50 percent or more of a crown, trunk, or root system of a tree, or any action which results in the loss of aesthetic or physiological viability, or causes the tree to fall or be in immediate danger of falling.

Root zone means the area and volume of soil around the tree in which roots are normally found. May extend to three or more times the branch spread of the tree, and be either deep or shallow in depth. Tree roots cannot grow in compacted soil.

Special status tree is the same as a Protected tree.

Specimen tree means a tree planted for its attractiveness and statement ability, often used as an entry monument or to mark a special location. Another class of protected tree with penalties for unauthorized removal.

Street tree means any tree that is growing along a street within the public right-of-way. Only trees listed in the street tree list or those specifically approved by the urban forestry board, development services director or his designee may be planted as street trees.

Street tree list means the list of approved tree species that may be planted within the public right-of-way found in approved tree list appendix of the technical manual for landscape design.

Topping means a poor pruning practice often used to control the size of trees, especially height, and involves the indiscriminate cutting of branches and stems at right angles leaving long stubs. Synonyms include rounding-over, heading-back, dehorning, capping and hat-racking. Crown reduction pruning is the preferred method to reduce the size or height of the crown of a tree, but is rarely needed and should be used infrequently.

Tree means a standing woody plant having a trunks two inches or more in diameter when measured 4½ feet from the ground. If the tree is on a slope, the measure is taken on the uphill side. The anatomy of a tree consists of approximately five percent leaves, 15 percent branches, 60 percent trunk, 15 percent large transport roots, and five percent fine feeder roots. A tree has three main characteristics:

(1)

It is a woody perennial plant;

(2)

It has a single main stem, or in the case of a multi-trunked specimen, several stems; and

(3)

It has a more or less definite crown.

Urban forest means the assemblage of trees in a community that line streets, enhance parks, public spaces and grow wild or are planted in open spaces that this chapter seeks to protect and enhance. The urban forest also includes trees in commercial centers, schools, industrial parks and residential areas, for which the property owners are responsible for care and protection.

Urban forestry board means the board comprised of the current planning commission members that guide and implement the city's tree program (also called the "tree board").

(Code 1972, § 19.71.020)

(a)

Purpose. The urban forestry board shall implement the city's tree policies and programs, and set the direction and scope of tree-related activities.

(b)

Creation of an urban forestry board. The urban forestry board shall be composed of the current members of the planning commission, as appointed by the mayor and city council, for the duration of the planning commission term. Vacancies will be filled in the same manner as the planning commission. The urban forestry board serves at the convenience of the city council, who charges it with responsibilities. The chairperson and secretary of the planning commission shall be the chairperson and secretary of the urban forestry board.

(c)

Duties and responsibilities. The urban forestry board duties and responsibilities may include:

(1)

Developing applications and approval procedures for tree-related activities. Applications will be available to the public and returned for review and approval by the urban forestry board or their designee.

(2)

Conducting public hearings to provide direction on city-wide policies and programs regarding tree activities and actions.

(3)

Promoting tree planting and tree care practices intended to grow and maintain the city's urban forest.

(4)

Overseeing the development of tree regulations regarding planting, maintenance and removal on city property.

(5)

Developing a process for the selection and designation of heritage trees and other trees of significance.

(6)

Maintaining the list of designated heritage trees.

(7)

Developing and implementing tree inventory processes.

(8)

Recommending policies regarding trees on public and private land.

(9)

Developing a street tree list.

(10)

Recruitment of volunteers from the community to work toward the community forestry goals.

(11)

Any other activity deemed appropriate by the city council.

(d)

Designation of a heritage tree. The process for designating a heritage tree will be determined by the urban forestry board. Trees may be nominated by the property owner and approved by the urban forestry board.

(e)

Removal of a heritage or protected tree. The process for removal of a heritage or other protected tree shall be in accordance with the provisions established by section 19.71.100.

(Code 1972, § 19.71.030)

Sec. 19.71.040. - Urban forestry team.

(a)

Urban forestry board. The urban forestry board oversees the activities of the urban forestry team, which includes city staff, professional tree care providers, individuals, or groups with responsibility for trees in the community, including volunteers. The city's urban forestry staff includes the directors of the development services and public works departments, and the city's consulting landscape architect and arborist.

(1)

Development services department. The director of the development services department has primary responsibility for implementation of urban forestry policies and ordinances. The planning division staff provides recommendations to the urban forestry board, planning commission, and city council for modifications to the general plan and zoning code, reviews development projects and landscaping plans, and enforces project conditions of approval. Planning staff also promotes urban forestry goals, obtains and administers tree grants, and hosts annual Arbor Day celebrations and other public outreach activities.

(2)

Public works department. This department provides the daily care, management and emergency services required to sustain an urban forest, including tree planting and tree care services, installation and maintenance of irrigation systems. The public works administrative staff may provide clerical support and

upkeep of a computerized tree inventory, and respond to calls from the public with questions or concerns about trees. public works staff works closely with the director of development services, the city arborist and landscape architect, and has oversight responsibility for tree care crews performing permitted work on city trees.

(b)

Tree care crew. Under the supervision of the public works director, tree care crews provide daily tree services and maintenance from tree planting to removal:

(1)

Certified arborist. The city prefers to use landscape firms that specialize in tree care for all tree work. Any city-contracted tree company should employ a full-time certified arborist accredited by the International Society of Arboriculture (ISA). This person will ensure that contracted tree crews perform work according to the city specifications.

(2)

Certified tree workers. All persons performing tree work on city trees should be trained according to tree care standards accepted by the International Society of Arboriculture (ISA) and ANSI Standard A-300 (practices) and Z-133 (safety) for all tree work on public land.

(3)

Certified to work around electric lines. All persons performing tree work on city trees in or around primary electrical lines must be trained to do so according to the "electrical safety orders" of the state, including all amendments and revisions.

(4)

Contractor qualifications. All contractors are required to have a state contractor's license for tree work (C61) and shall adhere to the specifications provided in the bid documents.

(5)

Insurance requirements. All contractors shall post city-required worker's compensation, surety bonds and liability insurance prior to commencement of work.

(6)

Education of tree crew. The public works director will acquire or develop training materials oriented toward city field tree-service crews and their supervisors, on the following topics and others as needed:

a.

Public policies, ordinances, etc.;

b.

Tree anatomy and growth;

c.

Tree reactions to injury and decay;

d.

Tree maintenance standards (ANSI Standard A-300);

e.

Safety and aerial rescue (ANSI Standard Z-133); and

f.

Utility pruning techniques.

(Code 1972, § 19.71.040)

Sec. 19.71.050. - Tree protection.

The urban forest canopy is an essential resource to be preserved and protected. Tree protection extends generally to all public trees and some private trees that contribute to the city's urban canopy cover and do not fall into the category of hazardous or nuisance trees. Protected trees are trees that are protected by code from damage and unauthorized removal. These fall into two categories: special status trees, as defined in section 19.71.020 and as described below.

(1)

Protected public trees. Protected trees, including heritage trees and specimen trees, are defined in section 19.71.020. Protected public trees in the city include, but are not limited to, the following:

a.

Street trees in parkways, medians, landscape easements, and landscape maintenance districts. Neighborhood street trees may be located within a landscape setback area or easement adjacent to the sidewalk or curb.

b.

City park trees and other trees associated with city recreational amenities.

c.

The historic trees on the city hall campus.

d.

Existing or future trees planted to enhance the city's entry identification monumentation.

e.

Trees incorporated into city-themed identification and/or enhancements to freeway overpasses, such as embankments on state-owned (CalTrans) property.

f.

Other public trees located on other types of city-owned or controlled land.

g.

Public trees located within other types of easement areas (such as utilities).

(2)

Protected privately owned trees. Trees on private property are an important component of the city's urban forest. Some are protected and regulated under the provisions of this Code, while others are not. A mature tree shading the backyard of a home is exempt from regulation, however, front yard trees, including the street tree, are not. All private property owners are actively encouraged to protect mature trees on their property. Protected privately owned trees include, but are not limited to, the following:

a.

Trees required as a project condition of approval. One of the best ways to protect existing trees is through project design. These trees provide many benefits to development projects, including, but not limited to, the following purposes:

1.

Monument trees planted to enhance and identify development projects (commercial, residential or industrial), generally located at or adjacent to a significant intersection.

Screening or buffering of an objectionable view from the public right-of-way or adjacent property.

3.

Aesthetical considerations such as enhancement of a building, development site or project open space.

4.

Shade trees in parking areas, along walkways, interior roadways, and near building entrances.

5.

Front yard trees (a designated species, minimum of one per lot) required in new residential tracts in addition to street trees.

b.

Trees on environmentally sensitive land, including, but not limited to, open space, flood zones, MSHCP conservation areas, and areas to be included within the city's future trail system.

(3)

Protection from neglect and abuse. The city's urban forest will receive care and protection as provided in tree care guidelines (see section 19.71.060).

a.

Proper tree care. Trees cannot thrive without proper attention to location, planting, and continuing care. Continued good appearance and health depends on the extent and quality of maintenance of the tree and its irrigation system. Proper measures shall be taken to ensure the irrigation system remains optimally functional.

b.

Protection from abuse. Trees shall be protected to the extent feasible from neglect, damage, and abuse. Trees shall be planted and maintained in desirable locations, and deliberate vandalism is punishable as per the Municipal Code (See also section 19.71.090(a)).

c.

Property owner's responsibility for trees. It shall be the duty of the property owner to properly care for trees on their property to maintain their health and usefulness, and prevent hazardous tree conditions that may result from neglect and damage. Whenever possible, good quality trees should be preserved on the site of anticipated development or remodeling activity (see subsection (5) of this section).

(4)

Permitted activities regarding city trees. Only city workers or city tree contractors can plant, trim or remove a tree on city property. All public trees planted in the city shall be cared for and maintained in accordance

with the standards set forth in this chapter (19.71.060) and other appropriate provisions of this Code, including section 19.70 and the technical manual for landscape design.

(5)

Protection of trees during construction. Site plans shall identify the location of all existing trees with the DBH of six inches or larger for projects on public land, easement-laden land, or private land on site, and indicate whether such trees will be preserved and incorporated into the final landscaping plan or removed. For trees whose species, condition and location justify their preservation, a tree protection plan shall be prepared that identifies the location of trees to be preserved, and sets forth protection instructions based on the recommendations of an arborist. Protection instructions shall include, at a minimum, measures to:

a.

Plot existing trees with a DBH of six inches or larger on the site plan as part of the development application.

b.

Protect tree roots, trunks, branches, and foliage for any tree on city property during any type of construction activity or project (excavation, demolition or any other type of disturbance) by evaluating planned construction, including grade cuts and fills (see section 19.71.060(9)), paving, materials storage, traffic and parking, fencing, disposition of toxic materials, washing and maintenance of equipment, etc., in the critical root zone of trees to be saved, and provide mitigation measures to minimize damage to trees in such areas.

c.

Provide an appropriate interface between construction areas and tree-save zones as part of the landscaping plans.

d.

Educate work crews and their supervisors regarding the steps needed to preserve existing trees on site.

e.

Post advisory signs with tree protection requirements.

f.

The project conditions of approval shall identify when protected trees are on a property, and the location of such trees shall be indicated on the approved site plan. This information shall also be listed in the notes section of the construction plans prior to the issuance of a grading or building permit.

g.

Removal requests for trees that cannot or should not be preserved during construction will be reviewed by planning staff in consultation with the city arborist. An arborist's report may be required.

(6)

Tree grates, grilles and pavers. Trees require adequate planting area for roots to develop and surface area to allow roots to receive water, air and nutrients. Decorative grates, grilles and pervious pavers allow surface water and air to access the roots, and allow the root collar to expand within a defined area. Tree grates and grilles are constructed of cast iron or lightweight structural plastic, and may include removable intermediate expansion rings.

(7)

Parking lot trees. Assuming excellent tree care, an urban parking lot tree has the ability to survive and thrive beyond the typical seven to ten years to 50 years good with soil conditions. Soils beneath parking lots are typically heavily compacted, limiting the root space and oxygen available to trees and affecting their ability to survive and thrive. To balance the parking lot tree's need for adequate rooting area with maintaining the structural integrity of the surrounding pavement, it is recommended that a structural soil mixture be installed around parking lot trees instead of the standard aggregate base. An innovative structural soil mix developed by Cornell University provides both the compaction needed below parking lot paving and an accessible rooting environment for parking lot trees.

(Code 1972, § 19.71.050)

The care and maintenance of an urban forest is a long-term investment in a valuable resource. The majority of the city's urban forest is young, so the proper care of young trees is important to its success. Studies demonstrate that the first five years of a newly planted tree are critical to its long-term health. Trees in an urban environment suffer from multiple impacts: air pollution reduces a tree's ability to make food; compacted soils from development of roads and structures interfere with the uptake of nutrients and water; sidewalks, curbs, streets and buildings limit the space for trees to spread their roots and branches. To preserve a tree's health and vitality, and to sustain its natural defense system, proper tree care, including preventative care, is crucial.

(1)

Urban forestry best management practices. The following standards shall be followed to support and maintain tree health and vitality (see the technical manual for landscape design):

a.

Provide regular, deep watering for good health and disease prevention, and to prevent surface roots.

b.

Trees shall be planted with water basins. Rebuild water basins as needed.

c.

Prevent damage to bark from string trimmers and mowers by using expandable tree guards at the tree base.

d.

Weed frequently to prevent loss of nutrients to the tree roots.

e.

Use mulch to conserve moisture and suppress weeds (Detail P-9).

f.

Stake a newly planted tree until the tree can stand by itself. See Detail P-3.

g.

Ensure that automatic irrigation to tree is in good working condition. Check bubbler/irrigation line frequently and clean nozzles as needed.

h.

Do not prune or fertilize young trees for the first two years (except for the removal of suckers and water spouts).

i.

Check for disease, damage or pests and treat accordingly.

j.

Root barriers shall be installed in accordance with city landscape manual specifications (Detail P-7 or P- 10).

k.

Every two to three years, it is recommended that up to four holes one to two inches in diameter can be drilled or water-jetted at an angle down and outward from near the base of the tree to allow for better penetration of oxygen and water.

(2)

Planting. Trees shall be planted in accordance with the technical manual for landscape design (Detail P-3 for trees, Detail P-1 for palms). Care shall be taken to avoid planting trees too deep, which causes the base of tree trunks to swell unnecessarily.

(3)

Pest control. When insect and/or disease infestations become a detriment to the tree, controls shall be used as described below. Pest control is based on the timing and intensity of the insect infestation.

a.

When pest control is recommended, natural or biological substances shall be considered first, with chemical pesticides used only when warranted.

b.

Annual tree inspections should be timed to coincide with the time of year and weather conditions that have favored the development of insect problems in past years.

c.

If requests are received from residents, an inspection is conducted and recommendations are made based on the timing and effectiveness of the control.

d.

Not all problems are predictable and treatable, which results in the need for tree removal to prevent spread of the disease or infestation.

(4)

Irrigation. Irrigation shall be provided as appropriate for tree species and location. No tree shall be planted on city property without automatic irrigation and controls. Highly drought-tolerant trees, or trees newly planted in irrigated turf areas may have temporary irrigation systems as approved by the city's landscape architect for a minimum of two years. Tolerance for recycled water as provided by EMWD shall be ensured.

(5)

Pruning specifications. A popular axiom states: prune first for safety, next for health, and finally for aesthetics. The specifications below are based on International Society of Arboriculture (ISA), National Arborist Association, and American National Standards Institute (ANSI) criteria to ensure that the city's urban forest receives the best possible care. The following trimming specifications are recommended for the pruning of city trees:

a.

Lightly trim all trees to lighten and balance the trees, removing no more than 15 to 20 percent of the tree.

b.

Remove diseased branches, dead wood, crossed branches, suckers and water spouts.

c.

Encourage radial distribution of all branches to provide sufficient number of scaffold branches to fill the circular spaces as concentrically as possible around the trunk.

d.

Final trimming cuts shall be made without leaving a stub. Cuts shall be made just outside the shoulder ring area. Extremely flush cuts, which produce large wounds and weaken the tree at the cut, shall be prohibited.

e.

All trimming shall provide adequate clearance for any obstructed street sign, streetlight, or other approved standard.

f.

Over sidewalks, limbs shall be raised a minimum of seven and a maximum of eight feet from grade to wood. Where sidewalks do not occur or are located on the street side of a parkway, limbs may be retained below the minimum elevation to conform to the natural shape of the species.

g.

Over residential streets, limbs shall be raised gradually from ten feet at curb to 14 feet over traffic lanes from grade to wood giving the appearance of an arch rather than an angle.

h.

Over arterial streets, including major arterials, limbs should be raised a minimum of 12 and a maximum of 16 feet from grade to wood.

i.

Over the sidewalk or the street, where the lowest limb is attached to a trunk above the desired elevation but extends below that elevation, it shall be cut back to a large lateral near the desired elevation, if possible, rather than entirely removed to avoid damage to the trunk.

j.

Trimming shall not exceed the amount necessary to achieve the specified elevation at the time of raising. No attempt to trim to a higher elevation to allow for future growth shall be permitted.

k.

On young trees, "temporary" branches may be retained along the stem to encourage taper, and to protect trees from vandalism and sun scald. Less vigorous shoots should be selected as temporary branches and occur four to six inches apart along the stem. These temporary branches should be pruned annually to slow their growth and eventually removed.

l.

No limb over three inches in diameter will be removed without the city arborist's recommendation.

(6)

Unacceptable pruning practices. Harmful pruning practices are still encountered in the marketplace and should be avoided to maintain the health and beauty of the urban forest. The topping of trees to control height and width are a common example. These methods result in the development of undesirable epicormic sprouts (such as water sprouts and suckers), or in the death of the cut branch back to the next lateral branch below. Crown reduction pruning is a preferred method to reduce the size or height of the crown of a tree, but is rarely needed and should be used infrequently. Improper pruning cuts cause

unnecessary injury and bark ripping that leads to decay and disease. The following undesirable pruning practices shall be avoided:

a.

Flush cuts injure stem tissues and can result in decay.

b.

Stub cuts delay wound closure and can provide entry to canker fungi that kill the cambium, and delay or prevent woundwood formation.

c.

Lion-tailing removes inside lateral branches and inner foliage, resulting in weight displacement to the ends of the branches, sunburned branches, water sprouts, weakened branch structure and limb breakage.

d.

Hat-racking is to prune a tree of all but its largest branches.

e.

Pollarding severely prunes trees back nearly to the trunk, so as to produce a dense mass of branches.

(7)

Safety tree pruning specifications. Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Trees shall be pruned according to the tree pruning specifications in subsection (5) of this section and ANSI Standard Z-133.

(8)

General requirements.

a.

Proper disposal of all tree debris generated.

b.

Ensure safe traffic control and minimum disruption to the public.

c.

Ensure adequate safety of employees and the public.

d.

Contractors performing tree work in the city shall have appropriate licenses and sufficient liability insurance before performing tree services.

(9)

Tree root protection. Roots are a tree's life support system. Underground, approximately 85 percent of a tree's roots are in the top 18 inches of soil. When trenching and digging near mature trees is necessary, the following practices are encouraged to minimize damage to tree roots:

a.

The most direct route may not be the best route. If possible, alter the trenching route to cause the least amount of root damage.

b.

When roots must be cut, make sharp cuts. If roots two inches or larger must be cut, use a shovel to expose the root and cut with a sharp saw. Crushed or torn roots should be neatly trimmed to prevent decay. Clean root cuts generate new roots.

c.

Work to the far side of the trench. Trenching should be done as far away from the trunk as possible, preferably outside the dripline. Pile soil from the trench on the side away from the tree, if possible, or place soil on plywood or a tarp or a thick pile of mulch to prevent digging into the soil above the roots when backfilling the trench by backhoe.

d.

Keep root ends moist. Refill the trench hole as quickly as possible to prevent roots from drying out. In hot, windy or dry conditions large roots may die within an hour or less. Use sprinklers, misting or wet burlap to protect vulnerable roots.

(Code 1972, § 19.71.060)

The choice of a tree for a public place is an important long-term consideration. Selecting the best tree species for the intended purpose and location can prevent damage to buildings or infrastructure, and prevent severe pruning or the removal of healthy mature trees and the associated costs. The ideal public tree is not susceptible to wind damage and branch drop, does not require frequent pruning, produces little litter, is deep-rooted, has few serious pest and disease problems, and tolerates a range of soil conditions, irrigation regimes, and air pollutants. Because very few trees have all these traits, it is important to match the tree species to planting site by determining what issues are most important on a case-by-case basis. Tree selection should consider the following factors:

(1)

Diversity of species. Provide a diversity of tree species to support the health of the ecosystem.

(2)

Aesthetics and function. Ensure that tree choices are appropriate to the intended use or effect (aesthetics, shade, and screening).

(3)

Size. Consider maximum tree height, width and root zone, and proximity to adjacent structures (including pavement) to avoid planting in too small an area.

(4)

Avoid utility conflicts. Choose a tree of appropriate size for the location, and:

a.

Contact utility companies before planting to locate underground water, sewer, gas, and telecommunication lines. Keep trees away from overhead power lines and do not plant within ten feet of underground water and sewer lines.

b.

Landscape plans shall indicate the location of power lines, streetlights, and traffic signs, and select tree species that will not conflict with them. Keep trees at least 30 feet away from street intersections to ensure visibility.

c.

Avoid locating trees where they can block illumination from street lights or views of street signs in parking lots, commercial areas and along streets.

d.

Avoid planting shallow rooting species near sidewalks, curbs, and paving.

e.

Avoid locating trees where they can block sunlight from solar panels.

(5)

Location. In addition to providing ample planting area that allows water, air and nutrients to reach the roots, the following locations require careful consideration regarding tree choice:

a.

Parking lots. Trees within parking lots should be clean (no excessive shedding of leaves, bark, flowers or seeds), and be able to withstand heat and vehicle exhaust fumes. A mix of low maintenance flowering, deciduous and evergreen trees should be considered to provide color, texture and shade throughout the year. The canopy of parking lot trees should provide a minimum of 50 percent shade within five years of planting. See subsection (6) of this section regarding energy conservation and shade benefits of location.

b.

Medians and parkways (street trees). Buildings are softened and streetscapes beautified by trees and other plants in parkways and medians. Street trees shall comply with the provisions of sections 19.70.040(a) and (b), and project conditions of approval.

c.

Recreational facilities. Trees for parks and other recreational facilities should be carefully chosen for size, shade ability, durability and beauty. Park trees can have different characteristics than trees in parking lots and along city streets.

d.

Residential street trees. Tree-lined residential streets are an asset to every community. Street trees in residential neighborhoods are located in parkways (between the curb and the sidewalk) or in the landscape setback area that includes the utility easement between the sidewalk and private property lines. This area may be connected to the homeowner's front lawn or landscaped area. Generally, the street tree is the tree closest to the sidewalk or curb. The size of the street tree should be matched to the width of the parkway or landscape easement:

(6)

Energy savings. Trees in the right location reduce energy costs by permitting or restricting heat gain to the building, thereby lessening the amount of power required to operate the air conditioning or heating system of the building.

a.

Recommendations for residential energy conservation. Well placed trees on residential lots save energy costs by reducing heat gain through the shade they provide. For optimal benefit, plant trees as indicated below:

1.

Shade trees on the west and southwest sides of homes provide the greatest energy benefit.

2.

Plant deciduous trees on the south side of homes to allow winter sunlight and heat gain.

3.

Plant shade trees to cool paved areas.

4.

Shade air conditioning units to reduce the energy consumption. Vegetation should not obstruct air flow around the unit.

b.

Commercial and industrial recommendations. Trees planted in commercial and industrial properties are valuable components of the community's urban forest. Building owners can reduce building energy costs and lessen the heat island effect by taking advantage of the shade potential of properly located trees.

1.

Energy conservation. Plant non-deciduous (evergreen) trees on the west and south sides of buildings for shade to reduce the interior air-conditioning load, and deciduous trees on north and east sides of buildings to conserve energy through heat gain in winter.

2.

Shade benefits. Non-deciduous shade trees planted adjacent to hardscape will lessen the heat island effect. Parking area landscaping shall comply with requirements of section 19.70.040(f).

3.

Street landscape design and choice of street tree should be consistent and complementary to adjacent development along primary arterials.

4.

Accent landscaping. Mature specimen trees (36-inch box or larger), or groups of trees should be used as focal points at driveway entrances, street intersections, and where monumentation will highlight a development.

(Code 1972, § 19.71.070)

Sec. 19.71.080. - Permit requirements.

Existing regulations. section 12, Excavations and encroachments, describes the city tree removal process:

(1)

12.12.030 Tree removal permit. No person, firm, corporation, public agency or political subdivision shall remove or severely trim any tree planted in the right-of-way of any city street or on city property without first obtaining a permit from the director of public works to do so. Such permit shall be issued after payment of the fee provided in this chapter if the director of public works is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the street or right-of-way or the construction of improvements on adjacent land. He may impose such conditions as he deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree

trimmer actually engaged in the business, and for bond, insurance or other security to protect persons and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead power or communication lines pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relocation or replacement by one or more other trees of a kind or type to be specified in the permit.

(2)

12.16.010 Violation, penalty. A violation of this section is an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 19.71.080; Ord. No. 308, § 3, 1967)

Sec. 19.71.090. - Offenses and enforcement measures.

(a)

Offenses. In addition to the provisions of title 12, it shall be unlawful for any person other than a city employee or authorized contractor to:

(1)

Harm, destroy or remove any tree or shrub located on public land.

(2)

Excavate any tunnel, ditch, or trench, or to lay any driveway, sidewalk, or pavement through or across the root zone of any such tree or shrub, except in accordance with the standards contained in section 19.71.060(9).

(3)

Attach any wire, rope, cable, poster, sign, or other fastener to such tree or shrub in such a way to cause damage. Nailing or other means of penetrating the cambium is prohibited.

(4)

Place, deposit, or store any stone, brick, sand, earth, or other material so as to impede the passage of water, air, and fertilizer to the roots of any such tree or shrub, except in accordance with adopted standards.

(5)

Unreasonably prevent, delay, or interfere with the city arborist, landscape architect or any designee engaging in or about the planting, maintenance, or removal of any tree or shrub on public or city-controlled land.

(b)

Damage or removal of protected trees. No person shall harm, destroy or remove any tree in the protected tree category, including heritage trees, specimen trees, or special status trees.

(c)

Requirements for private landowners. Private landowners shall follow applicable ordinance requirements, including the obligation to file tree location and assessment plans with development applications, and providing tree protection plans, landscape plans, replanting plans, and/or other plans as required by the urban forestry board or the director of development services or designee in relation to land-disturbing activities.

(d)

Enforcement procedures. When brought to the attention of the urban forestry team (urban forestry board, development services director, public works director, city arborist or landscape architect) that a violation of this section may exist, an infraction is punishable as provided in section 1.16.010, or as required by chapter 1.18. In addition, the city may take the following actions:

(1)

Issue a stop work order pursuant to section 7.40.090;

(2)

Issue an administrative citation pursuant to section 1.18.010;

(3)

Take any other action allowed by law to abate or obtain compensation for the violation.

(e)

Appeals. Appeals of arbitration, decisions or other actions by the urban forestry board shall be made to the city council by filing a written appeal with the city clerk, with the appropriate filing fee, in accordance with section 19.56.

(Code 1972, § 19.71.090; Ord. 02-34)

Sec. 19.71.100. - Nuisance and hazard determinations; removal process.

The loss of a mature canopy tree shall be avoided, if possible. However, trees in poor condition, causing damage, conflicting with utilities, or presenting a threat to the public that cannot be resolved through appropriate pruning are not candidates for preservation.

(1)

Nuisance tree classifications. At the request of the public works director or urban forestry board, nuisance trees on public or city-controlled land shall be designated by the city arborist in accordance to their nuisance potential as classified below, and the economic evaluation in subsection (2) of this section, and with consideration of retention policies in subsection (3) of this section:

a.

Public safety. No tree shall present a threat to the public safety.

b.

Obstruction. Trees obstructing sidewalks, roadways and traffic line of sight.

c.

Overhead utilities. Trees that cannot be pruned properly to avoid entanglement with overhead utilities.

d.

Pest, disease, or neglect damage. Trees that may be damaged to the extent that a hazard is present to the public or, in the case of disease, the tree may have the potential to infect other healthy trees in the vicinity.

(2)

Economic criteria for removal of nuisance trees. A tree considered for nuisance removal must meet a minimum of four of the six criteria listed below before a recommendation for removal can be made to the director of public works. Criteria "a" listed in this subsection shall be included as one of the four.

a.

The cost of damage by the tree exceeds one-half of the value of the tree. Dollar values for trees are found in the International Society of Arboriculture tree replacement book. Example: A tree valued at $8,000.00 must have caused at least $4,000.00 in damages.

b.

Repeated paid claims against the city due to damage caused by the tree.

c.

A request for removal that authorized staff concurs is a legitimate request.

d.

Recurring problems related to the tree within a ten-year period, i.e., the tree has lifted or broken the sidewalk or curb more than once within ten years.

e.

Comparable problems or concerns in the surrounding area would not lead to removal of all the trees in that area.

f.

The tree may contribute to or lead to a potentially hazardous condition if not removed, i.e., lifted sidewalk, leaning toward the house, unbalanced tree, obstructed view of traffic, etc.

(3)

Nuisance tree policies. Prior to a decision to remove a non-hazardous tree, consideration of the following shall be given to retain trees:

a.

Root pruning of trees and/or installation of root barriers where it is deemed appropriate and in the best interest of the tree as determined by the urban forestry board or designee. Oaks, beeches and redbuds are among the species that do not tolerate root damage.

b.

Adjusting the location of the sidewalk and/or any utilities.

c.

Narrowing the sidewalk to avoid the tree or adding a patch of concrete or asphalt fill where the sidewalk is raised.

d.

When street improvements mandate that palms or trees with a DBH of six inches or larger be removed, every reasonable effort shall be made to relocate said trees, provided that the species is adaptable to replanting.

(4)

Removal requirements for non-hazardous trees. All non-hazard tree removals will be assessed by the city arborist in consultation with the public works director, and reported to the urban forestry board.

a.

Residential street trees. For multiple requests from the same street, each tree will be assessed individually, with no more than 30 percent of any one block allowed to be removed within a one-year period. The urban forestry board will track removals to avoid excessive removals from any one neighborhood.

b.

Programmed tree removals. A program for the removal of undesirable trees may be developed by the director of public works or designee, in consultation with the city arborist, based on the severity of overall deficiencies including width of parkway, species, tree condition, or extent and number of recurrences of chronic structural damage to improvements. Programmed removals may be approved by the urban forestry board to allow a multiple year schedule for the removal of alternate/intermittent trees, so as not to remove all trees at one time.

(5)

Condemnation and removal process for hazardous trees. The decision to remove a hazardous tree will be based on the recommendation of the city arborist and supported by an arborist's report, unless an

emergency situation requires the public works director to take immediate action to protect the public safety. The public works director shall report all hazardous tree removals to the urban forestry board.

(6)

Definition of hazardous tree. The term "hazardous tree" means a tree that is dying, dead or structurally weak; a traffic obstruction; or a tree deemed injurious to the health, safety, or welfare of the general public.

(7)

Types of hazardous trees. In addition to trees severely damaged by disease, pests, vehicular collision, or other reason, some tree species are inherently hazardous. Care should be exercised when these species are chosen for landscaping:

a.

Breakage hazard. California pepper, Brazilian pepper and some species of Eucalyptus are known to have more brittle limbs than other tree varieties, and should only be used in large open areas such as water quality basins and parks where any breakage will have less potential to cause bodily or property damage.

b.

Fire risk due to chemical composition. Some trees present a higher fire danger due to natural resins in wood and leaves that burn intensely. Trees in this category should be planted furthest from structures. Some examples are listed below:

1.

Cupressus sempervirens: Italian cypress.

2.

Eucalyptus species.

3.

Juniperus deppeana: Alligator juniper.

4.

Juniperus monosperma: One-seed juniper.

5.

Pinyon pine, pinus: Pine species.

(8)

Removal of a heritage tree or other protected tree. An application shall be approved by the public works director, whose decision may be appealed to the urban forestry board prior to removal. If an application to remove a heritage tree is presented, it shall be supported by a certified arborist's report demonstrating that

the tree is dead or hazardous. Mitigation for the loss of the tree shall be provided as outlined in subsection (9) of this section.

(9)

Mitigation for tree removal is tree replanting. After removal of a hazardous or nuisance tree, to the extent feasible, a new tree shall be planted within 45 days (except during summer months) to replace the tree removed. This includes trees damaged and removed by the public works tree crew as a result of vehicular collision. In all instances, consideration and avoidance of the issues that may have contributed to the tree's removal shall be included in the process.

(Code 1972, § 19.71.100; Ord. No. 1262, 10-27-2009)

CHAPTER 19.72. - ENFORCEMENT, LEGAL PROCEDURE AND PENALTIES

Sec. 19.72.010. - Enforcement.

The city engineer, building inspector, city clerk, and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this title. The chief of police and all officials charged with the enforcement of the law shall enforce the provisions of this title.

(Code 1972, § 19.72.010)

Sec. 19.72.020. - Permits not to be issued.

No building permit shall be issued for the erection or use of any building or structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this title.

(Code 1972, § 19.72.020)

Sec. 19.72.030. - Plats.

(a)

General information. All applications for building permits shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot to be built upon, the location, height, and area of the building to be erected, and such other information as may be necessary for the enforcement of this title.

(b)

Additional information. Where a building is to be erected in any district, and the proposed front yard is less than the prescribed minimum for the district in which the building is to be erected, and when such minimum front yard is permitted to be reduced as herein before specified, such plat shall include the nearest adjoining premises on both sides in the same block on which premises buildings have already been erected, together with the location for such buildings.

(Code 1972, § 19.72.030)

Sec. 19.72.040. - Permits for new use of land.

No land vacant shall be used or an existing use of land be changed to a use of a different class or type unless a permit is first obtained from the city clerk for the new or different use.

(Code 1972, § 19.72.040)

Sec. 19.72.050. - Permits for new use of buildings.

No building or structure, or part thereof, shall be erected unless a building permit shall have been issued for such work.

(Code 1972, § 19.72.050)

Sec. 19.72.060. - Legal procedures.

Any building or structure erected, and any use of property, contrary to the provisions of this title is unlawful and a public nuisance and the city attorney shall, upon order of the city council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of this title.

(Code 1972, § 19.72.060)

Sec. 19.72.070. - Remedies.

All remedies provided for in this title shall be cumulative and not exclusive.

(Code 1972, § 19.72.070)