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Ordinance Number 722ORDINANCE NO. 722 ESTABLISHING WATER CONSERVATION LANDSCAPE STANDARDS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING WATER CONSERVATION LANDSCAPE STANDARDS IN ACCORDANCE WITH ASSEMBLY BILL 326 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings, 1. Due to the need to conserve water in the State of California, Assembly Bill 325 requires Cities to adopt water efficient landscape standards by January 1, 1993. The Landscape Ordinance :;rovides such standards. Said ordinance is designed to ensure protection of water resources from excessive use of high water using plant materials in both new commercial and residential development. 2. The City's Environmental Review Board issued a negative declaration in accordance with the provisions of the California Environmental Quality Act. 3. A public hearing describing the purpose of the proposed code amendment, and the time, date, and location of the hearing was published in the Capistrano Valley News. 4. As proposed, the draft ordinance is consistent with both the City's General Plan and Land Use Code (Title 9 of the Municipal Code). 5. As proposed, the draft ordinance has been tailored to the City of San Juan Capistrano's climate and existing water conditions and is consistent with the goals, policies, and objectives of Assembly Bill 325. SECTION 2. Code Amendment. Based upon the findings set forth in Section 1, preceding, the City Council hereby amends Title 9, Land Use Code by the following changes: Delete Section 9-3.602(e) Parking Facilities: Landscaping, in its entirety and replace with "Refer to Section 9-3.617 (j) (1) and (2), Design Standards, Parking Lots, and Parking Structures." 2. Delete Section 9-3.617 Street Trees, in its entirety and replace with: Section 9-3.617, Water Conservation Landscape Ordinance. (a) Purpose and Intent. (l) To protect and preserve water resources within the community in accordance with the Open Space and Conservation Element of the City's General Plan. (2) To comply with Assembly Bill 325 which requires Cities to adopt water efficient landscape standards by January 1, 1993. (3) To ensure protection of water resources from excessive use of high water using plant materials in commercial, industrial, public, and residential development. (4) To establish review procedures to evaluate required reports, plans, and landscape information pertaining to proposed development projects. (5) To provide landscape design standards which achieve water conservation while also contributing to an aesthetically enriched community landscape. (b) Authority. Authority for this chapter is derived from general policy powers granted to local governments by the State for the purposes of preserving the public health, safety, and general welfare. More specifically, authority is derived from Section 65000, Title 7 of the Government Code from the State of California providing for the adoption of local planning, zoning, and other land use regulations. (c) Scope and Applicability. The provisions of this chapter shall apply to all new development proposals consisting of: (1) Residential development with a gross density of eight units per acre or more, and/or other residential projects with significant landscape elements such as common areas, slopes, or project entries. (2) Commercial development. (3) Industrial development. (4) Public/Institutional development. The provisions for this chapter shall not apply to: (1) Cemeteries. (2) Buildings listed on the City's Inventory of Historic and Cultural Resources, or State Historic Landmarks, or designated on the National Register of Historic Places. (3) Ecological restoration and mined -land reclamation projects that do not require a permanent irrigation system. (d) Requirements/Process. (1) All development applications as defined in this chapter filed pursuant to this section shall include the submission of non -certified landscape and -2- irrigation plans at the time an application for development is submitted for the development review process in accordance with the provisions of Section 9-2.306. (2) Final landscape and irrigation plans shall be submitted to the Director of Planning for his/her review prior to the issuance of Building Permits. (3) Certification of a licensed landscape architect that the irrigation system was installed in accordance with the approved plan to the best of their knowledge shall be furnished to the Planning Director in writing prior to the issuance of final certificates of use and occupancy. The City may require subsequent water audits each year to determine on-going compliance with the provisions of this chapter. (4) A certified statement by a licensed landscape architect which states that landscaping has been installed according to the approved "Final Landscape Plans." (e) Qualifications for Preparing Plans. Persons qualified to prepare the Landscape and Irrigation Management Plans shall be California licensed landscape architects. (f) Landscape Plans. The landscape plan shall be legibly drawn on project base sheets at a scale that accurately and clearly identifies: (1) Landscape materials consisting of trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated with a percentage of drought -tolerant and non -drought tolerant plants. (2) Designation of hydrozones. (3) Property lines and street names. (4) Streets, driveways, walkways, and other paved areas. (5) Pools, ponds, water features, fences, and retaining walls. (6) Existing and proposed buildings and structures including elevations if applicable. (7) Natural features including but not limited to rock outcroppings, existing trees, shrubs that will be removed or remain. (8) Designation of recreational areas. (g) Irrigation Plans. Irrigation plans shall comply with the following requirements: (1) Non -certified irrigation plans shall be submitted as part of the application for development as part of the development review process as described under subsections (d) and (e) of this chapter. Final irrigation -3- 3 plans shall be prepared and certified by a person or persons as defined under subsection (e) of this chapter prior to the issuance of a final certificate of use and occupancy. (2) The non -certified final irrigation plans shall include a watering schedule which incorporates the specific water needs of the plant material throughout the calendar year, a hardware component list for all materials used in the system, and a recommendation of regular maintenance schedules for the irrigation system. (3) The non -certified and final irrigation plans shall be drawn on project base sheets. The plans should be separate from, but use the same format as the landscape plan. The scale shall be the same as that used for the landscape plan. (4) The preliminary and final irrigation plans shall accurately and clearly identify: (i) Location and size of separate water meters for the landscape, where proposed. (ii) Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention de. ices. (iii) Static water pressure at the point of connection to the public water supply. (iv) Flow rate, application rate, and design operating pressure for each station. (h) Definitions. (1) Hydrozones. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non -irrigated. (2) Landscape Boundary Area. The planted area consisting of trees, shrubs, groundcover, or turf, which borders a project site on all sides. (3) Mulch. Any material such as leaves, bark, straw, or other materials left loose and applied to the soil surface to reduce evaporation. (4) Overspray. Irrigation water that sprays beyond the area it is intended to service. (5) Park. Areas used for access drives, aisles, stalls, maneuvering, and landscaping within that portion of the site that is devoted to vehicle parking and circulation (excluding any required parking setbacks). Em (6) Rain Sensing Device. A system which automatically shuts off the irrigation system when it rains. (7) Reclaimed Water. Tertiary treated effluent, suitable for use in landscaping or water features as determined by the presiding water district. (8) Recreational Area. Areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. (9) Run-off. Irrigation water that is applied at a rate above the infiltration rate of soil which causes water to drain away on the surface from the landscape area it is intended to service. (10) Sprinkler Head. A device which sprays water through a nozzle. 0 1) Turf. Grasses such as berm uda, bluegrass, fescue, rye, zoyzia, and other grasses or hybrid derivatives of such grasses. (12) Valve. A device used to control the flow of water in the irrigation system. (i) Landscape Standards. (1) Plant Selection. At least 90% of the plants selected in non -turf areas shall be drought -tolerant. Up to 10% of the plants may be a non -drought -tolerant variety as long as they are grouped together. (2) Turf. Turf shall be used that has a water requirement less than or equal to Tall Fescue. Exceptions may be granted where the functional use requires another turfgrass species in accordance with subsection (k)of this chapter. (3) Soil Conditioning and Mulching. (i) A minimum of two (2) inches of mulch shall be added in non -turf areas to the soil surface after planting. Non -porous material such as plastic sheeting, polyethylene, and similar materials shall not be placed under the mulch. Weed barrier fabric or similar material may be used. GO Grading shall be minimized to avoid disturbance. Top soil shall be stockpiled and shall be reapplied during final grading. (4) Irrigation: (i) Valves and circuits shall be separated based on water use, whether frequent use or required heavier water flow. Drip or bubble irrigation systems are required for trees, regardless if planted alone. Bubblers shall not exceed a water consumption rate of one and one-half (1.5) gallons per minute and drip system emitters shall not exceed one (1) gallon per hour per device. -5- (iii) Pop-up sprinklers in lawn areas shall have at least a 4" pop-up height. Sprinkler head spacing shall be designed for head-to-head coverage. (iv) Sprinklers should be designed for minimum runoff and overspray onto non -irrigated areas and shall not be placed closer than 6" to any paved area, building, or wall. (v) Sprinklers and sprays shall not be used in areas less than six (6) feet wide. Drip and/or bubblers shall be used in these areas. Bubblers shall not exceed a water consumption rate of one and one-half 0.5) ggallons per minute and drip system emitters shall not exceed one (1) per hour per device. (vi) Check valves are required where elevation differences may cause low head drainage. (vii) All irrigation systems shall be equipped with automatic rain shutoff devices. (viii) Where available irrigation systems shall use reclaimed water. (ix) Utilization of the best available irrigation technology to maximize efficient use of water. Such methods could include the use of historical evapo-transpiration rates, weather station (CIMIS) data, moisture sensors, rain shut-off devices, drip systems, multi- program electronic timers and maintained output sprinkler heads. (x) Valves shall be placed in valve boxes to minimize vandalism and enhance the appearance of the irrigation installation. (xi) A full -coverage permanent irrigation shall be installed. Hose bibs shall be located in not less than two hundred (200) feet intervals to allow for hose watering reinforcement to the system. (j) Design Standards. (1) Parking Lots: (i) Parking and circulation areas shall be screened from streets via boundary landscaping and/or berming. If berming is not feasible, areas shall utilized a combination of landscaping and low screening walls, and from adjacent properties of dissimilar zoning via landscape strips and/or walls or fences. (ii) Net landscaping coverage. For parking lots smaller than 15,000 square feet, five percent (5%) of the parking lot shall be landscaped (Required frontage and boundary landscaping shall not count toward this interior requirement). am (iii) Ne:.andscaping coverage. For parking lots between 15,001 to 29,999 square feet, seven percent (7%) of the parking lot shall be landscaped (Required frontage and boundary landscaping shall not count toward this interior requirement). (iv) Net landscaping coverage. For parking lots greater than 30,000 square feet, ten percent (10%) of the parking lot sha be landscaped (Required frontage and boundary landscaping sha„ not count toward this interior requirement). (v) Boundary Landscaping. All areas between the parking lots and adjoining streets, or different zone districts shall have a minimum ten (10) foot -wide permanent landscaped area, exclusive of parking overhang. (vi) Property Line Landscaping. All rear and side property lines shall have a minimum dimension of five (5) feet planted area. (vii) Interior Landscape Islands. All double row parking spaces shall be separated by a minimum ten (10) foot -wide planted area. (viii) End of Parking Aisle Planters. All end of aisles shall have end of aisle planting areas with a minimum five (5) foot -wide planted area. (ix) Finger Planters. All finger planters shall have a minimum five (5) foot -wide planted area. (x) Canopy trees shall be used in parking lots for shading. A minimum of one tree for every six stalls shall be distributed throughout the parking lot. (2) Parking Structures: (i) Parking structures shall have ground level landscaping along all sides of the structure exposed to public view. (ii) Liner planters and/or trellises with cascading shrubs or vines must be provided along the outside edge of each parking level, especially the upper levels. (3) Street Trees: (i) Proposed Development. in areas of the City where residential, commercial, or industrial development is proposed, the developer shall plant and install trees along private streets and within public rights-of-way in accordance with the specifications set forth in the Street Tree Master Plan. (ii) Existing Development. In developed areas of the City which are defined as priority areas requiring trees, it shall be the -7- responsibility of the City to initiate implementation measures in conjunction with the Capital Improvement Program of the City. The City when implementing improvements in priority areas, shall prepare precise landscape plans which will be in accordance with the specifications set forth in the Street Tree Master Plan. (4) Major Slope Areas. The use of turf should not be included in slopes exceeding 25%. However, landscape projects which include turf on slopes exceeding 25% shall include design fe,_ ..res for prevention of runoff. (5) Project Entry Statements. Shall utilize combinations of trees, shrubs, and flowering accents. (6) Pedestrian Area Landscaping. (i) Landscaping adjacent to walkways and within other pedestrian spaces shall include smaller species of shrubs and trees. (ii) Pedestrian areas shall also utilize landscape accents such as trees espaliered against walls, flower beds, window boxes, and hanging pots with flowers and vines. (7) Landscaping and Utilities. (i) Utility boxes shall not be places on sidewalks or bikeways and where possible, placed underground or screened. (ii) Above -ground utility boxes shall be screened by means of landscape planting such as shrubs. (8) Landscaping Curbs. Landscaping should be protected from vehicular encroachment through raised planting surfaces, depressed walks, and the use of 6" curbs. (9) Root Barriers/Tree Grates. (i) Trees planted within 15' from sidewalks or other paved surfaces must be installed with deep root barriers. (ii) Tree grates or low curbs must be installed around trunks where trees are planted within sidewalks or other pave surfaces. (10) Decorative Use of Water. (i) Fountains or other types of decorative water bodies where water is sprayed into the air are discourages. Fountains using recirculated water only, and which are designed to minimize evaporation, may be allowed. (ii) Refilling existing fountains and/or other types of decorative water bodies may be prohibited during a City Council declared water emergency. %E (k) Exception to Water Conservation Standards. Projects proposing non -drought tolerant turf or grass for use as ball fields, football fields, soccer fields, or any other sport field may be granted an exception from the provisions established in this chapter as determined by the Final Decision-making body for the application. (1) Modifications to Design Standards. Modifications to the design standards may be allowed by the Design Review Commission to insure overall project design will be consistent with the provisions of the General Plan, the Land Use Code, and Architectural Design Guidelines. (m) Requirements for Fuel Modifications. Where there is a conflict between the requirements of this chapter and the provisions for fire protection through fuel modification, and such conflict cannot be resolved, the Design Review Commission may grant an exception to the requirements of this chapter with a finding that such an exception is necessary for purposes of public safety. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 1993. PASSED, APPROVED, AND ADOPTED this Sth day of January ATTEST: GIL,JONES, MAYOR 53 Kim STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 722 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on December 15th , 1992, and adopted at a meeting held on January Sth , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) 1 I j F i vLC (h-� CHERYL JOHNSOWCITY CLERK -10-