HomeMy WebLinkAboutORD NO 4624
ORDINANCE NO. 4 6 2 4
ORDINANCE ADDING SECTION 17.04.358 AND AMENDING
CHAPTER 17.61 OF THE BAKERSFIELD MUNICIPAL CODE
RELATED TO WATER CONSERVATION AND EFFICIENCY
REQUIREMENTS TO LANDSCAPE STANDARDS
WHEREAS, on September 10, 2009, the State of California approved Assembly
Bill 1881 related to water conservation requirements for cities and counties in California; and
WHEREAS, AB 1881 provides a Model Water Efficient Landscape Ordinance
that would become applicable within the jurisdiction of a local agency if by January 1,
2010, the local agency has not adopted its own water efficient landscape ordinance that is
at least as effective as the Model Water Efficient Landscape Ordinance; and
WHEREAS, the City of Bakersfield determined that utilizing and amending
existing Bakersfield Municipal Code ordinances, City policy documents and practices as
related to landscape standards would result in water conservation practices consistent with
state law and the Model Water Efficient Landscape Ordinance; and
WHEREAS, the City of Bakersfield initiated amendments to Title 17 of the
Bakersfield Municipal Code; specifically, adding Section 17,04.358 and amending Chapter
17.61 incorporating water conservation design in landscape standards for new
development; and
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
public hearings on February 18, 2010, March 18, 2010 and June 3, 2010, and held two ad-
hoc committee meetings on March 3, 2010 and April 28, 2010, on said amendments; and
WHEREAS, by Resolution No, 13-10 on June 3, 2010 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve said amendments, and this Council has fully
considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the City of Bakersfield's CEQA Implementation Procedures have
been duly followed by the city staff, Planning Commission and this Council, and it was
determined that the above described project is Categorically Exempt from the
requirements of the California Environmental Quality Act in accordance with Section
15307; and
WHEREAS, adoption of these amendments to the Bakersfield Municipal
Code are found to be at least as effective at conserving water as the State of
California's Model Landscape Ordinance, and that said model ordinance is no longer
in effect for projects within the City of Bakersfield. ~gAKF9
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 17.04.358 is hereby added to the Bakersfield Municipal Code to
be read as follows:
17.04.358 HYDROZONE
"Hydrozone" means a portion of a landscaped area having plants with similar
water needs that are served by one irrigation valve or set of valves with the
same schedule.
SECTION 2.
Chapter 17.61 is hereby amended to read as follows:
Chapter 17.61
LANDSCAPE STANDARDS
Sections:
17.61.010 Generally
17.61.020 Landscaping required
17.61.030 Minimum landscape standards
17.61.040 Landscape maintenance
17.61.050 Tree preservation and protection
17.61.060 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, while promoting water use efficiency.
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17,61,020 LANDSCAPING REQUIRED,
A. 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 50% of the replacement value of the existing
improvements, If the existing uses are to be expanded greater than 50% of
their replacement value, the Planning Director shall determine the
amount and placement of landscaping needed to comply with this
section,
B, 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 and irrigation equipment shall be in
accordance with commonly accepted methods of installation as
approved by the City.
B. Trees shall be a minimum 15 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 4 feet up the trunk from ground level, shall
be 1" for a 15 gallon container tree, 2" for a 24-inch box container tree,
and 3" for a 36-inch box container tree. These trunk diameters shall apply
throughout this chapter where tree container sizes are specified,
C. Shrubs shall be a minimum 5 gallon container size or larger and shall be
vigorous and healthy when planted. Mass shrub planting for area
coverage may be a 1 gallon container size with an average spacing of 18
inches on center. Flats may be used for ground covers with an average
spacing of 8 inches on center,
D. Shrubs and/or ground cover, including turf, shall cover no less than 75% of
the required landscaped area within 4 years of planting,
E. A landscaped area 10 feet in width on arterial streets and 8 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
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I. The total square footage of required landscaped area remains
constant.
2. The reduction in the required width is consistent with the purposes
of the landscape regulations of this chapter.
3. 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.
F. Along street frontages, a tree shall be planted at a ratio of 1 tree per 30
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 30%
evergreen and 70% deciduous shall be maintained.
G. Trees shall be required to be planted within parking lots at a minimum
ratio of 1 tree for each 6 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 65 feet.
H. 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 15 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 40% of the total area of all uncovered parking stalls, loading
areas, drive aisles and maneuvering areas. The property owner or the
preparer of the plans shall show all shading calculations on the plan.
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.
1. Buildings with main entrances facing parking lots shall be landscaped with
a minimum of 1 tree for each 50 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.
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J. Of the total number of trees required in the parking area and for the
entire project, a minimum of 30% shall be evergreen species.
K. 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 100% evergreen species spaced no further apart than
20 feet on center. The minimum tree size shall be a 24-inch box container
size if the adjacent residential zoned area is all or partially developed and
a 15 gallon container size if the adjacent residential zoned area is
undeveloped.
L. Landscaping and irrigation shall be installed in compliance with any
approved site plan or other project approval prior to final inspection or
occupancy.
M. Tree planters within the parking lot shall be a minimum of 5 feet by 5 feet
(outside dimension). Vehicles may overhang into these planters no more
than 21/2 feet provided the tree is protected from damage by a vehicle.
N. If a drive-thru lane is located adjacent to a public street, an evergreen
hedge, a minimum of 3 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
preclude 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.
0. An 8 foot landscape area shall be provided between each building and
the drive aisle for multi-family projects using a common drive aisle with
shared access. This requirement shall not apply to any lot less than 10,000
square feet and, that is not part of, or adjacent to multi-family subdivisions
or other multi-family projects that existed prior to the effective date of this
ordinance 4104, adopted January 15, 2003).
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P. Landscaping shall be designed to minimize overwatering and avoid runoff
of irrigation water. Soil type shall be considered in order to reduce runoff
and promote healthy plant growth. Plant selection and placement shall
match the irrigation provided. If the total landscaping square footage is
2,500 square feet or greater on the project site, the water use for all plants
per square foot of landscaping shall be equivalent to a moderate water
use plant covering the entire landscaping area (value must equal 2 or
less, as determined by the calculations used in Table A of this chapter).
Plant water use will be determined using an authoritative publication
deemed acceptable by the Planning Director.
Q. A minimum two inch layer of mulch shall be applied on all exposed
surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding application where mulch cannot be
used. Stabilizing mulching products shall be used on slopes. The mulch
can be any organic material, including, but not limited to, leaves, bark,
straw, or compost; or any inorganic or synthetic material, including, but
not limited to, rock, landscape fabric or recycled rubber.
17.61.032 ADDITIONAL REQUIREMENTS.
In addition to the minimum standards contained in Section 17.61.030, the
following shall apply to those specific geographic areas as identified below:
A. Central City Area. For the purposes of this subsection, Central City Area is
identified as including all lands bounded by 23rd Street to the north, Truxtun
Avenue to the south, M Street to the east, and G Street to the west.
1. Street tree species shall be consistent with the Central City Master
Street Tree Plan as adopted by City Council Resolution No. 195-92.
B. Northeast Bakersfield. For the purposes of this subsection, Northeast
Bakersfield is identified as including all lands east of Fairfax Road (and any
northern extension thereof) and north of the Union Pacific Railroad that
parallels Edison Highway.
1. New landscape areas shall consist predominately of native
California trees (eg. oaks and sycamores), shrubs and
groundcovers mixed with ornamental species. Planting shall occur
in non-linear clusters to resemble a natural appearance. Firescape
species contained in Table 1 of Chapter 17.66 shall be used along
the perimeter of the project site adjacent to native or slope areas if
outside the HD zone district.
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2. Use of boulder clusters and other native rock combinations shall be
installed with vegetation to resemble a natural distribution blending
into the surrounding native areas and/or street parkways that may
contain similar design elements.
3. Along slopes, plantings should be done with more dense and larger
species of trees and shrubs closer to streets with a gradual
reduction of plantings that are less dense with smaller species as
you move further away from the streets to provide a natural
transition between the streetscape and native areas.
4. Design content shall retain the natural flora and site character as
much as possible with a subtle landscape transition between
maintained and native areas.
5. Xeriscape and/or regional native plant selections shall be used to
revegetate any disturbed areas outside the project area, unless
city ordinances, resolutions, or conditions of approval state
otherwise.
6. New landscape areas along slopes and slope easements may be
required to be privately maintained as determined by the Planning
Director, or as may be conditioned by the Planning Commission or
City Council.
7. These standards do not apply to residential projects that contain
four units or less and that are not part of a larger multiple family
subdivision with more than four lots.
17.61.040 LANDSCAPE MAINTENANCE.
A. Landscapes shall be regularly inspected and maintained to ensure water
efficiency and keep plants in a healthy condition. Maintenance shall
include, but is not limited to, programmed watering, fertilizing and soil
amendment applications, weed control, cleaning, pruning, trimming, pest
control, replenishing mulch and cultivating. Tree topping shall not be
permitted except when necessary for the protection of public safety,
property damage or liability.
B. Landscape structural features shall be maintained in sound structural and
attractive condition.
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C. All plant material shall be serviced by a permanently installed, electrically
automated irrigation system. Project sites containing 2,500 square feet or
more of landscaped area must have a controller that can be
programmed to accommodate different landscape hydrozones and the
controller shall be equipped with a battery backup to preserve the
controller settings in case of an electrical system interruption.
D. 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.
E. All plants and irrigation systems shall be maintained as originally approved
unless otherwise approved by the City. The City can, at any time, require
landscaping and irrigation to be replaced and/or reinstalled in
accordance with the approved plans.
17.61.050 TREE PRESERVATION AND PROTECTION.
A. Replacement planting must conform to the original intent of the
landscape design.
B. 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 willful 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 48-inch box container size. Said trees shall be replaced within 120
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 1 inch equals 20 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;
E. Existing and proposed structures, including anticipated signs (both
freestanding and wall);
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F. Existing natural features (note on plan to be removed or retained); o~ 9s~
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G. Irrigation system:
1, Diagram showing hydrozone information specified in Columns 1, 2
and 3 of Table A (only project sites containing 2,500 square feet or
more of landscape area are required to provide hydrozone
information).
2. Irrigation system plan should include, but not be limited to, main
and lateral lines, valves, sprinkler heads, any moisture sensing
devises, any rain switches, pressure regulators and backflow
prevention device(s) and drainage locations.
3. Description of irrigation controller and ability to accommodate
different hydrozones within the plan (only project sites containing
2,500 square feet or more of landscape area are required to
provide hydrozone information).
H. A plant specification list:
1. Keyed to the plan,
2. Estimated sizes at planting and at maturity,
3. Head diameter of trees at 15 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,
9. For project sites with a total landscape area of 2,500 square feet or
greater, complete Table A to show water use designation for the
total landscape area. The result shall not exceed "2", which
indicates moderate water use.
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I. For projects that are required to submit Table A, prior to, or at the time of, the
final building inspection, written evidence (such as a letter or signed plans)
shall be submitted to the Planning Director from the property owner, or the
party responsible for the design of the landscape plan, certifying that:
1. The hydrozone settings and the square footage covered by each
hydrozone have been installed as proposed in Table A, and in
accordance with the approved plans.
2. The irrigation watering schedule does not overwater any
hydrozones.
3. The irrigation system including, but not limited to, controller(s),
valves and nozzles was installed and operates in accordance with
the manufacturer's specifications.
4. The landscape and irrigation was installed in accordance with the
approved plans.
J. If grading for slopes occurs within the landscaping area, then grading
shall be designed to minimize soil erosion, runoff and water waste.
K. Deviations from these requirements or alternate elements that achieve
the equivalent water conservation methods must be approved by the
Planning Director.
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TABLE A - HYDROZONE INFORMATION TABLE
Please complete the following for each hydrozone. Use as many tables as necessary to
provide the water use designation for the total landscaped area.
(1) (2) (3) (4) (5)
Hydrozone Hydrozone Water Square footage of % of Total Square Column 2
Designation on Use setting hydrozone Footage multiplied by
Diagram coverage Column 4
Total Landscape
Total Square Area Water Use
Footage: Designation:
Total Landscape Area Water Use Designation calculation:
1. Enter the hydrozone designation used in the landscape plan.
2. Use authoritative publication deemed acceptable by the Planning Director
to determine the landscape material water use settings for the dominant
plant type in the hydrozone.
Hydrozone Water Use Setting Value: High Water Use Plants: 3
Moderate Water Use Plants: 2
Low Water Use Plants: 1
3. Enter the square footage covered by the hydrozone. Add all rows and
enter the total square footage at the bottom row of Column 3.
4. Calculate the of Total Square Footage" by dividing each hydrozone
square footage listed in Column 3 with the Total Square Footage listed at
the bottom of Column 3.
5. Multiply the value in Column 2 with the value in Column 4 and place the
result in Column 5. This provides the Hydrozone Water Use Setting
weighted by the percent of the total landscape area in which it is used.
6. Add all rows together in Column 5 and place the total in the Total
Landscape Area Water Use designation (must be 2 or less).
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SECTION 3.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage,
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
A > > 2810 by the following vote:
✓ ✓
YE COUNCILMEMBER: CARSON, WEIR, COUCH, HANSON, SUL VAN, SCRI NER
NOES: COUNCILMEMBER: AGV~_Q_
801 COUNCILMEMBER:
COUNCILMEMBER: HhaYY~
ROBERTA GAFFORD, C
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 1 2010
1zlel I dow,
AK ile do zie~
A E L. ALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GE ARO
City Attorn
By: c{~p
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7/19/2010
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 13th day of August, 2010 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4624, passed by the
Bakersfield City Council at a meeting held on the 11th_day of August, 2010 and entitled:
ORDINANCE ADDING SECTION 17.04.358 AND AMENDING CHAPTER
17.61 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO WATER
CONSERVATION AND EFFICIENCY REQUIREMENTS TO LANDSCAPE
STANDARDS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
D E P City Clerk
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