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Home My WebLink AboutORD NO 4010 4010 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17.61 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LANDSCAPE STANDARDS. WHEREAS, the City of Bakersfield initiated a proposal to amend Title 17 of the Bakersfield Municipal Code; specifically, amending Chapter 17.61 regarding landscape standards for new development; and WHEREAS, the Planning Commission, through its Secretary, set THURSDAY, May 3, 2001 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before them on the proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the Planning Commission heard and considered testimony concerning said ordinance revisions on May 3, 2001 and May 17, 2001; and WHEREAS, the Planning Commission adopted Resolution No. 57-01 recommending approval of the proposed ordinance amendments and forwarded its recommendation to the City Council; and WHEREAS, the City Council through its City Clerk set Wednesday, at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place to consider said ordinance; and WHEREAS, the ordinance was found to be exempt from the provisions of CEQA and the law and regulations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and this Council; and WHEREAS, the City Council, at said public meeting, considered the ordinance, all relevant facts, and public testimony, and the Council adopted the findings made by the Planning Commission as contained in the Commission's Resolution. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: Page 1 of 7 Sections: 17.61.010 17.61.020 17.61.030 17.61.040 17.61.050 17.61.060 SECTION 1. Chapter 17.61 is hereby amended to read as follows: Chapter 17.61 LANDSCAPE STANDARDS Generally Landscaping required Minimum landscape standards Landscape maintenance Tree preservation and protection Landscape plan requirements 17.61.010 GENERALLY. The purpose of this chapter is to establish the necessary criteria, standards and limits for landscaping. The provisions of this section are intended to provide a transition between and mitigate conflicts which may arise between adjacent land uses, to promote an attractive visual harmony between the landscape and development, reduce air, noise and visual pollution, produce a healthy, vibrant, sustainable urban forest, decrease temperatures, increase comfort, and promote commerce and socialization. 17.61.020 LANDSCAPING REQUIRED. All projects for which site plan approval is required, shall install and maintain landscaping in accordance with the requirements of this chapter; provided however, these landscape requirements shall not apply to projects where a current use is expanded but the valuation of the building permit is less than fifty percent of the replacement value of the existing improvements. If the existing uses are to be expanded greater than fifty percent of their replacement value, the planning director shall determine the amount and placement of landscaping needed to comply with this section. Occupancy of a use subject to these standards shall not be permitted until the approved landscaping and irrigation has been installed, or if permitted by the planning director, an agreement and/or surety bond or cash deposit sufficient to cover the cost of installation which amount has been determined to complete the work plus administration costs by the city, and such has been provided to the city specifying completion of installation within a time specified by the planning director. 17.61.030 MINIMUM LANDSCAPE STANDARDS. A. Installation of landscape materials shall be in accordance with commonly accepted methods of installation as approved by the city. JE: P:~LandsCape Ord CCwpd Page 2 of 7 Trees shall be a minimum fifteen gallon container size or larger and shall be vigorous and healthy when planted. The minimum diameter of the tree trunk, as measured at a point four feet up the trunk from ground level, shall be one inch for a fifteen gallon container tree, two inches for a twenty-four inch box container tree, and three inches for a thirty-six inch box container tree. These trunk diameters shall apply throughout this chapter where tree container sizes are specified. Shrubs shall be a minimum five gallon container size or larger and shall be vigorous and healthy when planted. Mass shrub planting for area coverage may be a one gallon container size with a maximum spacing of eighteen inches on center. Flats may be used for ground covers with a maximum spacing of eight inches on center. Shrubs and/or ground cover, including turf, shall cover no less than seventy-five percent of the required landscaped area within four years of planting. A landscaped area ten feet in width on arterial streets and eight feet in width on collector and local streets as measured from the right-of-way line, shall be installed along said street. The width of the landscape strip may be reduced when, in the opinion of the planning director, the following conditions are met: 1. The total square footage of required landscaped area remains constant; The reduction in the required width is consistent with the purposes of the landscape regulations of this chapter. In the central district (C-B and C-C zone districts) this reduction may include the planting of street trees only to allow adequate pedestrian access consistent with adjacent development. Along street frontages, a tree shall be planted at a ratio of one tree per thirty lineal feet, or portion thereof. Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, and signs provided the minimum tree to frontage ratio is satisfied. A species mix of thirty percent evergreen and seventy percent deciduous shall be maintained. Trees shall be required to be planted within parking lots at a minimum ratio of one tree for each six parking spaces, but shall be sufficient to achieve the minimum shading required in paragraph H. of this section. The maximum spacing between trees shall not exceed sixty-five feet. June 2~, 2001 JE: P:lLandscape Oral CC wpd Trees shall be installed and thereafter maintained throughout the parking area to ensure that it will be shaded based on calculating the canopy area of each tree at fifteen years from a master tree list approved by the planning director. The landscape plan required by Section 17.08.080 shall be drawn to show that the tree canopy will have the potential to attain shading over forty percent of the total area of all parking stalls, loading areas, drive aisles and maneuvering areas. Truck loading docks in front of overhead doors, truck maneuvering and parking areas unconnected to and exclusive of any required vehicle parking areas, freight yards, and surfaced areas for automobile sales, lumber yards, and vehicle storage are not subject to this shading requirement. Page 3 of 7 ~ '~'~ Buildings with main entrances facing parking lots shall be landscaped with a minimum of one tree for each fifty feet of linear building frontage or portion thereof. Said trees shall be adjacent to the building and may also be credited for parking lot trees if they comply with the requirements set forth in paragraphs G. and H. of this section. Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, and signs provided the minimum tree to building ratio is satisfied. The use of vines and large shrubs is encouraged to enhance the tree planting areas next to the building. Of the total number of trees required in the parking area and for the entire project, thirty percent shall be evergreen species. In addition to the trees referenced in paragraphs G., H., and I. of this section, trees shall be installed along the property line perimeter, in the required landscape area required by Section 17.58.050 N., of drive aisles, parking lots, loading areas and storage areas as a buffer between office, commercial and industrial uses and property zoned for residential uses. Said trees shall be one-hundred percent evergreen species spaced no further apart than twenty feet on center. The minimum tree size shall be a twenty-four inch box container size if the adjacent residential zoned area is all or partially developed, and a fifteen gallon container size if the adjacent residential zoned area is undeveloped. Landscaping and irrigation shall be installed in compliance with any approved site plan or other project approval prior to final inspection or occupancy. Tree planters within the parking lot shall be a minimum of five feet by five feet (outside dimension). Vehicles may overhang into these planters no more than two and one-half feet provided the tree is protected from damage by a vehicle. If a drive-thru lane is located adjacent to a public street, an evergreen hedge, a minimum of three feet in height, shall be planted for screening purposes. This hedge shall be located between the drive-thru lane and public street along only that portion of the drive-thru lane that is adjacent to the public street. The planning director may, at his or her discretion, allow the use of a wall, berm, or other similar screen if physical constraints precludes the installation of a hedge. A taller screen may also be required at the discretion of the planning director if such additional height is necessary for adequate screening because of topographic conditions, proximity to residential areas or other factors that would warrant special treatment. June 29, 2001 JE: P:\Lands~apeOrdCCwpd Page 4 of 7 17.61.040 LANDSCAPE MAINTENANCE. All plant material shall be maintained in a reasonably healthy condition. Maintenance shall include, but is not limited to, programmed watering, consistent fertilizing, weed control, cleaning, pruning, trimming, pest control and cultivating. Tree topping shall not be permitted except when necessary for the protection of public safety, property damage or liability. Landscape structural features shall be maintained in sound structural and attractive condition. All plant material shall be serviced by a permanently installed, electrically automated sprinkler system. Use of water conservation systems are encouraged. Tree pruning should follow the International Society of Arboriculture (ISA) pruning guidelines. This subsection does not apply to utility companies trimming trees for the purpose of providing necessary clearance for power lines. 17.61.050 TREE PRESERVATION AND PROTECTION. A. Replacement planting must conform to the original intent of the landscape design. Trees voluntarily removed from an existing project, except when necessary for the protection of public safety, property damage, or liability, or damage or loss by acts of nature, the wilful unlawful acts of persons other than the property owner, or by complying with other federal or state laws or actions, shall be replaced at the average size of what is or was existing not to exceed a forty-eight inch box container size. Said trees shall be replaced within one-hundred twenty days of removal. Trees shall be the same species as shown on the project's approved landscape plan or otherwise meet the provisions of this chapter. 17.61.060 LANDSCAPE PLAN REQUIREMENTS. A. A workable scale (preferred -- one inch equals twenty feet or larger) and north arrow; B. Property lines, overhead and underground power easements; C. Dimensions; D. Location of all trees and shrubs. Mature tree head diameter shall be depicted to scale; Existing and proposed structures, including anticipated signs (both freestanding and wall); F. Existing natural features (note on plan to be removed or retained); G. Irrigation and drainage; June 29, 2C01 JE: P:~Landscape Oral CC.wpd Page 5 of 7 A plant specification list: 1. Keyed to the plan, 2. Estimated sizes at planting and at maturity, 3. Head diameter of trees at fifteen years and whether the tree is evergreen or deciduous, 4. Container sizes, 5. Quantity of each, 6. Percent of parking lot shading which will result from tree landscaping calculated in accordance with this section, 7. Percent of evergreen trees located in parking lot and percent located along project perimeter. 8. Botanical and common plant names. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... O00 .......... Page 6 of 7 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of B~kersfield at a regular meeting thereof held on ~I[IL 3. 8 ~I)01, by the following vote: NOES: ABSTAIN: COUNCILMEMBER BENHAM, C,",.~.SC.'~, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER ~ COUNCILMEMBER ~ COUNClLMEMBER APPROVED,~TO FORM: B -'7 / /-/ JE: PALandscape Ord CCwpd Page 7 of 7 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 19th day of July , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4010 , passed by the day of July 2001 and Bakersfield City Council at a meeting held on the 17th entitled: AN ORDINANCE AMENDING CHAPTER 17.61 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LANDSCAPE STANDARDS. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~~.~ ~4._~/xx~/. ~-~,.._ DEPUTY City Clerk '~ S:\Docum ent\FORMS~AOP.ORD.wpd July 19, 2001