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HomeMy WebLinkAboutOrdinance - 2530 - Repeal Chapter 16.60SUMMARY OF CITY OF REDDING ORDINANCE NO. 2530 Pursuant to Government Code section 36933(c)(1), the following is a summary report of the City of Redding's Ordinance No. 2530, an ordinance of the City Council of the City of Redding repealing Redding Municipal Code Title 16 Chapter 16.60 and amending and restating Chapter 18.47, all relating to the reorganization and consolidation of landscaping standards. The purpose of the amendments is to maintain and increase the value of land and enhance the aesthetic appearance of all development throughout the City, increase compatibility between abutting land uses and public rights-of-way, improve the urban environment and promote public health, safety and welfare, and improve water quality and hydrology. The ordinance proposes amendments to the following sections: Sections: Council Members: 18.47.010 Purpose 18.47.020 Applicability 18.47.030 Definitions 18.47.040 Landscape Plan Requirements 18.47.050 Landscape Installation Requirements 18.47.060 Landscape Standards 18.47.070 Landscape Certification 18.47.080 Certificate of Occupancy 18.47.090 Appeals 18.47.100 Landscape Maintenance Requirements and Alterations 18.47.110 Enforcement Ordinance No. 2530 was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of June 2015, and was duly read and adopted on the 21" day of June 2015, at a regular meeting of the City Council by the following vote: AYES: Council Members: Cadd, McArthur, Schreder, Weaver, & Sullivan NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None A complete copy of Ordinance No. 2530 is on file and available for review in the Office of the City Clerk. DATED: June 24, 2015 ORDINANCE NO. 2530 AN ORDINANCE REPEALING CHAPTER 16.60 (LANDSCAPE) OF TITLE 16 (BUILDINGS AND CONSTRUCTION) OF THE REDDING MUNICIPAL CODE AND AMENDING AND RESTATING CHAPTER 18.47 (LANDSCAPE STANDARDS) OF TITLE 18 (ZONING) OF THE REDDING MUNICIPAL CODE ALL RELATING TO THE REORGANIZATION AND CONSOLIDATION OF LANDSCAPING STANDARDS WHEREAS, the Planning Commission held a duly noticed public hearing on May 12, 2015, pertaining to the repeal of Chapter 16.60 and amendments to Chapter 18.47 of the Redding Municipal Code, and recommended that the City Council adopt said repeal and amendments as well as an Addendum to the Mitigated Negative Declaration prepared for the Zoning Ordinance; and WHEREAS, pursuant to Government Code Section 65856, the City Council held a duly noticed public hearing on June 16, 2015, prior to the first reading of this ordinance; and WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the'staff report) prepared for this ordinance is appropriate since there is no substantial evidence, in light of the whole record before •the City of Redding, that the proposed amendment will have a significant effect on the environment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for this ordinance. Section 2. Chapter 16.60 of Title 16 is hereby repealed in its entirety. Section 3. Chapter 18.47 of Title 18 is hereby amended and restated to read in its entirety as follows: 18.47.010 Purpose. The purpose of this Chapter is to achieve the following: A. Maintain and increase the value of land and enhance the aesthetic appearance of all development throughout the City of Redding by providing standards related to the quality and functional aspects of landscape; Q B. Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers; C. Improve the urban environment and promote public health, safety and welfare by preserving and enhancing the positive visual experience of the built environment, 0 providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety; 0 • D. Improve water quality and hydrology by implementing Low Impact Design (LID) measures; E. Assist in mitigating air quality impacts by reducing or absorbing pollutants, especially by preserving existing or adding new trees; and F. Reduce heat absorption and radiation created by large expanses of paving. 18.47.020 Applicability. A. All new development, including additions which increase the floor area of a main building by twenty percent or more, shall provide and maintain landscape in compliance with the provisions of this Chapter. In addition, new development or redevelopment plans shall be in compliance with Chapter 14.19 (Storm Water Quality Management and Discharge Control) which may include low impact development design standards and hydromodification measures. Single-family dwellings and duplexes are exempt from Chapter 18.47 but not from Chapter 14.19. C. The maintenance section of this Chapter shall be applicable to any existing landscape which was required to be installed in accordance with a development permit or any specific zoning requirements contained in this Code. D. Landscape shall not be installed until the applicant receives approval of the final landscape plan. Any changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation. 18.47.030 Definitions. For the purpose of this Chapter, the following words shall have the meanings set forth below: Establishment Period of the Plants. The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Hydromodification. Modification of hydrologic pathways (precipitation, surface runoff, infiltration, groundwater flow, return flow, surface -water storage, groundwater storage, evaporation and transpiration) that results in negative impacts to watershed health and functions. Infiltration Rate. The rate of water entry into the soil expressed as depth of water per unit of time (e.g., inches per hour). Landscape Architect. A person who holds a license to practice landscape architecture in the state of California (Business and Professions Code Section 5615). Landscape Contractor. A person licensed (with a valid C-27 license) by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Low Impact Development (LID). LID is an approach to land development (or re- development) that manages storm water as close to its source as possible and treats storm water as a resource rather than a waste product. Bio -retention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements adhere to LID principles. LID practices manage storm water in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed. Mulch. Any organic material (such as leaves, bark, or straw) or inorganic mineral materials (such as rocks, gravel, and decomposed granite) left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Project Applicant. The individual or entity submitting a landscape documentation package to request a permit, plan check, or use permit from the City. A project applicant may be the property owner or his or her designee. Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a slope. Turf. A groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum grass, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. Water Feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). 18.47.040 Landscape Plan Requirements. A. Landscape Plan. A landscape plan shall be submitted as part of the application for a building permit as specified in Section 18.47.020 or at any other time that may be required by the condition of a site development permit, use permit, or planned development. All landscape plans shall include a table or other delineations demonstrating that minimum landscape area required by Schedule 18.47.050-A is satisfied. The landscape plan shall also be in compliance with Subdivision (D) of Section 16.70.050. The landscape plan shall be prepared by a registered landscape architect; a landscape contractor for work to be performed by the contractor; and irrigation consultant for irrigation design; a licensed nursery person only in connection with selling stock and related products; a licensed architect or engineer as long as the work undertaken is not entirely landscape architecture; or other qualified person as defined by the California Business and Professions Code. B. Review and Approval. The Development Services Department shall review each conceptual landscape plan and final landscape plan to verify its compliance with the provisions of this Chapter and Section 16.70.050. The Development Services Director ("Director") may approve the submittal in compliance with this Chapter or may disapprove or require changes to a submittal that is not in compliance. The Director may refer approval of final landscape plans associated with an approved use permit to the Board of Administrative Review or Planning Commission. 18.47.050 Landscape Installation Requirements. All landscape improvements shall be installed in accordance with the City landscape installation guidelines adopted by the Planning Commission. Landscape shall be provided in the locations described in this Chapter in addition to any areas required by Division III, Base District Regulations and Division V, Overlay District Regulations, of this Title. 6-1 0 A. General Requirements. Landscape shall be provided as follows: 1. Setbacks. In general, the setback areas required by this Code shall be landscaped, except where a required setback is occupied by a sidewalk, driveway, or access easement or where a required setback is screened from public view and it is determined by the Director that landscape is not necessary to fulfill the purposes of this Chapter. 2. Unused Areas. All disturbed areas of a building site not intended for a specific use or purpose, including pad sites in shopping centers held for future development, shall be landscaped (may be hydroseeded) unless it is determined by the review authority that landscape is not necessary to fulfill the purposes of this Chapter. 3. Parking Areas. Parking areas and their associated landscape required by Chapter 18.41 (Off -Street Parking and Loading) of this Title, shall not count toward meeting the landscape requirements of this Chapter. 4. Public Right -of -Way. The area between the curb, or curb and sidewalk if contiguous, and the property line shall be landscaped. This area shall not be counted in the overall required percentage of landscape. B. Specific Office and Commercial Zone Landscape Requirements. New development shall be designed, constructed, and maintained with landscape of the minimum area shown in Schedule 18.47.050-A based on the zoning district applicable to the site and the gross floor area of building on a site. These landscaped areas typically will consist of building foundation planting, landscape elements in plazas and outdoor gathering areas, and other accent planting, although additional landscaped area may augment the minimum landscape area for parking lots required by Chapter 18.41 (Off -Street Parking and Loading) of this Title. The Director, Board of Administrative Review, or Planning Commission may require additional landscape to ensure consistency with the policies of the general plan. Schedule 18.47.050-A Minimum Landscaped Area by Zoning District Zoning District Landscape Required Based on Building Gross Floor Area "LO" 15% f "GO" 10% "NC" 10% "SC" 5% "GC" 5% "RC" 5% "HC" 5% Notes: The above minimum landscaped areas are in addition to that required to meet the minimum parking lot landscape and landscape within the street right-of-way, where applicable, as required by Chapter 18.41 (Off -Street Parking and Loading) of this Title. 0 0 2. Up to thirty percent of the landscape required may be in the form of hardscape associated with public plazas, water features, and similar unique project elements. The Director may approve a zoning exception to exceed this limitation, where, in his or her opinion, the intent of this Chapter is met. 3. In addition, minimum landscape areas shall be in compliance with Chapter 14.19 (Storm Water Quality Management and Discharge Control). 18.47.060 Landscape Standards. Landscape areas and materials shall be designed, installed and maintained as provided by this Section. A. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans: 1. Landscape shall be planned as an integral part of the overall project design; 2. Implementing storm water best management practices into the landscape grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged and may be required for the site to be in compliance with Chapter 14.19 (Storm Water Quality Management and Discharge Control) and Chapter 16.70 (Water Efficient Landscape); 3. Landscape shall be provided throughout parking areas in compliance with Chapter 18.41, (Off -Street Parking and Loading), and Chapter 16.70 (Water Efficient Landscape); and 4. Street frontage landscape shall include a minimum of one fifteen -gallon tree for every thirty feet of frontage. The Director may approve alternate tree spacing if underground infiltration is proposed. B. Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements: All landscape plantings shall be of sufficient size and intensity so that a finished appearance and plant maturity (except trees and large shrubs) can be attained in a three-year time frame. The Director may approve an alternate timeline in LID storm water management areas; 2. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and sight -distance areas; 3. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, electric utilities, and other public improvements; and 4. Groundcover shall be of live plant material. Gravel, colored rock, walk-on bark, and similar materials shall be used in combination with a living groundcover in all non - turf areas as a mulch to control weeds and conserve or retain water until a living groundcover has achieved full coverage. The Director may approve alternate designs in LID storm water management areas. 0 0 18.47.070 Landscape Certification. All new landscape installed subject to this Chapter shall be certified to verify compliance with the approved landscape plan for the project and the installation guidelines adopted by the Planning Commission. Certification shall be by a qualified person as defined in Section 18.47.040. 18.47.080 Certificate of Occupancy. No Certificate of Occupancy shall be issued unless the developer has complied with the approved landscape plan. Prior to issuance of a Certificate of Occupancy, the landscape installation certification specified in Section 18.47.070 shall be submitted to the Building Official. In the event the developer cannot install the landscape due to seasonal or weather conditions, the developer may be issued a temporary Certificate of Occupancy provided that financial security in a form satisfactory to the Development Services Department has been provided to ensure that such required landscape shall be installed. Any developer/owner desiring to make such financial arrangements must also consent to a right -of -entry by the City to enter upon the land for the purpose of installing the required landscape in the event such landscape is not in place within sixty (60) days after issuance of the temporary Certificate of Occupancy. 18.47.090 Appeals. The applicant of any person may appeal the determination of the Development Services Department within seven (7) calendar days after approval of denial of the landscape plan has been signed by Development Services Department staff. The appeal must be in writing; must be filed with the Development Services Department, together with an appeal fee established by City Council by resolution; and shall specify the determination(s) the appellant believes to be in error. In the event of an appeal, the matter shall be set for hearing before the Planning Commission not later than twenty-one (21) days after the appeal is filed. Notice of the nature, time, and place of said hearing shall be given by the Development Services Department to the applicant, the appellant, and the owners of abutting property by first class mail at least five (5) calendar days prior to the hearing. The Planning Commission shall hear the appeal at the time and place set forth in said notice and may continue the hearing from time to time for the purposes of considering further evidence. Not more than fourteen (14) days following the close of the hearing, the Planning Commission shall render its decision. 18.47.100 Landscape Maintenance Requirements and Alterations. The owner of land subject to this Chapter shall be responsible for the maintenance of said land in conformance with the following standards, except as may be superseded by Chapter 14.09 (Water Shortage Contingency Plan): A. All landscaped areas shall be maintained in conformance with the following standards: 1. All vegetation shall be maintained free of physical damage or injury arising from lack of water, chemicals, insects, diseases, or other such causes. 2. Vegetation showing substantial damage or disease, or that has died, shall be replaced with the same or similar species of original installation size. 3. Lawn areas are to be mowed regularly to avoid overgrown appearance. 4. All planting areas are to be kept in a healthy and growing condition. Fertilizing, cultivating, pruning, weeding, and clean up refuse or debris shall be part of regular maintenance. 5. Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be part of regular maintenance. 6. Stakes, guys, and ties on trees shall be checked regularly for correct functions. Ties are to be adjusted to avoid creating abrasions or girdling of trunks or branches. 7. Irrigation systems shall not create excessive overspray and runoff into walkways, streets, and other paved areas. Irrigations systems shall not be turned on during, and up to 48 hours after, measurable rainfall. Leaks in the irrigation system (such as broken sprinkler heads) shall be corrected within 72 hours of learning of the leak. 8. Pruning of trees and shrubs shall conform to International Society of Arboriculture (ISA), Western Chapter, ANSI Z133.1, current Safety Standards; and ANSI Z133.1, current editions. 9. All landscape planter areas originally top -dressed with wood products shall be replaced or refurbished periodically to prevent weed growth and maintain soil moisture. 10. LID storm water quality measures are to be maintained and replaced as scheduled or as needed in a timely manner to assure storm water quality control measures are performing as designed and approved. B. Substantial alteration of required landscaped areas is prohibited without an amended landscape plan approved by the Development Services Department. 18.47.110 Enforcement. A violation of any portion of this Chapter and of guidelines adopted pursuant to this Chapter is subject to the provisions in Chapter 1.13 (Administrative Citations) and Chapter 1.14 (Administrative Penalties and Abatement), of this Code in addition to other civil or administrative remedies. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision will remain in effect to the extent permitted by law. Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. • 0 I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 16th day of June, 2015, and was duly read and adopted at a regular meeting on the 21st day of July, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: ?�J(A4)1,jo PAMELA-MIZE, Ci Clerk Cadd, McArthur, Schreder, Weaver, & Sullivan None None None CIE SULLIVAN, Mayor It APPROVED AS TO FORM: BARRY E. TeWAM, City Attorney