Chapter 114 VEGETATION*
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*Cross references: Buildings and building regulations, ch. 14; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; weeds and other vegetation, § 62-71 et seq.; parks and recreation, ch. 74; planning and development, ch. 78; stormwater management and grading and erosion control, ch. 86; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; subdivisions requirements for street trees, § 94-34; shrubbery or foliage obstructing visibility at intersections, § 106-3; shrubbery or foliage obstructing visibility of traffic control devices, § 106-4; zoning, ch. 122.
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Article I. In General
Secs. 114-1--114-30. Reserved.
Article II. Trees and Shrubs
Division 1. General
Sec. 114-31. Intent and purpose.
Sec. 114-32. Definitions.
Sec. 114-33. Authority of Director of Parks and Leisure Services.
Sec. 114-34. Approval of action or treatment affecting trees or shrubs on public property.
Sec. 114-35. Maintenance of city-owned trees, shrubs, hedges, and heritage trees.
Sec. 114-36. Duties of owners of trees and shrubs growing on or near right-of-way or public place.
Sec. 114-37. Public nuisances.
Sec. 114-38. Order to correct condition.
Secs. 114-39--114-60. Reserved.
Division 2. Heritage Trees
Sec. 114-61. Purpose and intent.
Sec. 114-62. Criteria; designation by Planning Commission.
Sec. 114-63. Nomination for heritage status.
Sec. 114-64. Identification; property rights; duties of property owner.
Sec. 114-65. Applicability to proposed subdivisions and site development.
Sec. 114-66. Permit required for removal; exceptions.
Sec. 114-67. Issuance of permit for removal; possession of permit.
Sec. 114-68. Protection during construction.
Sec. 114-69. Appeal.
Secs. 114-70--114-100. Reserved.
Article III. Water Conservation Regulations for Landscaped Projects
Sec. 114-101. Purpose and applicability.
Sec. 114-102. Definitions.
Sec. 114-103. Plant selection.
Sec. 114-104. Maximum area of turf coverage and water features.
Sec. 114-105. Determination of size of landscaped areas.
Sec. 114-106. Soil testing and enhancement.
Sec. 114-107. Irrigation system standards.
Sec. 114-108. Landscape plan and water usage program.
Sec. 114-109. Demonstration landscaping at model home sites.
Sec. 114-110. Developer's agreement for installation and maintenance of landscaping.
Sec. 114-111. Violations; penalties.
ARTICLE I. IN GENERAL
Secs. 114-1--114-30. Reserved.
ARTICLE II. TREES AND SHRUBS
DIVISION 1. GENERAL
Sec. 114-31. Intent and purpose.
The intent and purpose of this article is to provide a uniform method for the proper care of trees, shrubs, and hedges in parks, in public places, and along those streets defined in section 1-10 of this Code; to provide for the public health, safety, and general welfare; to contribute to the attractiveness and quality of life in the city; to identify and maintain heritage trees; to promote and preserve the city's aesthetic value; and to define the powers and duties of those who administer this article.
(Code 1965, § 4300; Ord. No. 809; Ord. No. 89-15)
Appropriate planning agency. For purposes of this article, an appropriate planning agency is the Planning Commission, Design Review Board, or Zoning Administrator.
(Code 1965, § 4301; Ord. No. 89-15)
City-owned tree, shrub, or hedge. Trees, shrubs, and hedges along the major street system, as shown in the Circulation Element of the General Plan, which are not required to be maintained by the adjacent property owner as a condition of development approval, or which are not maintained by a landscape maintenance district, homeowners' association, or other provisions for private maintenance.
(Code 1965, § 4301; Ord. No. 87-34; Ord. No. 89-15)
Drip line. Generally circular shape formed by the outermost points on branches of a tree projected to the ground plane.
(Code 1965, § 4301; Ord. No. 89-15)
Hedge. Any plant material, shrub or plant, annual or perennial in nature, not necessarily hardy.
(Code 1965, § 4301; Ord. No. 809)
Heritage tree.
(1) Any tree in the city, whether located on public or private property, which is at least 72 inches in circumference (approximately 24 inches in diameter) measured 4 1/2 feet above natural or established grade.
(Code 1965, § 4301; Ord. No. 89-15)
(2) A multistemmed tree which has one stem of at least 24 inches or more in circumference.
(Code 1965, § 4301; Ord. No. 89-15)
(3) Any tree or group of trees which has a relationship to an event of historical significance or is of public interest and which has been designated by action of the Planning Commission as a heritage tree.
(Code 1965, § 4301; Ord. No. 89-15)
Parks. All public parks within and without the city.
(Code 1965, § 4301; Ord. No. 809)
Public places. All grounds or areas other than streets or parks owned by, leased to, or under the contract of the city.
(Code 1965, § 4301; Ord. No. 809)
Shrub. A woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk.
(Code 1965, § 4301; Ord. No. 809; Ord. No. 87-34)
Tree. A usually tall woody plant, distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems.
(Code 1965, § 4301; Ord. No. 809; Ord. No. 87-34)
Cross references: Definitions generally, § 1-10.
Sec. 114-33. Authority of City Manager
(a) Supervision of trees and shrubs in public places. The City Manager, or his or her designee, shall have jurisdiction and supervision over all trees, shrubs, hedges, and heritage trees planted or growing along streets, in parks, or other public places.
(Code 1965, § 4302; Ord. No. 809; Ord. No. 1235; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(b) Authority to preserve or remove trees and shrubs in public places. The City Manager, or his or her designee, shall have the authority to plant, trim, spray, preserve, and remove trees, shrubs, and hedges along streets, or in parks, or other public places to ensure the public safety and maintain the beauty of such streets, parks, or public places.
(Code 1965, § 4302; Ord. No. 809; Ord. No. 1235; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(c) Authority regarding trees and shrubs on private property. The City Manager, or his or her designee, shall have the authority to order the trimming, preservation, or removal of trees, shrubs, and hedges upon private or public property, when it is found that an emergency or hazardous situation exists and that such action is necessary to maintain public health, safety, or welfare or to prevent the spread of disease or insects to public trees, parks, or public places. The City Manager, or his or her designee, shall have the authority to affix reasonable conditions to any order which addresses any emergency or hazardous situation.
(Code 1965, § 4302; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
Sec. 114-34. Approval of action or treatment affecting trees or shrubs on public property.
(a) Approval required. It shall be unlawful for any person to cut, trim, spray, mutilate, move, remove, bind, spike, replace, injure, or in any way impair the growth of any plant, tree, or shrub being or growing in, along, or upon any street, park, or public place, or any device existing for the protection thereof, without first obtaining written approval from the City Manager, or his or her designee.
(Code 1965, § 4303; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(b) Application. The request for approval shall contain such information as the City Manager, or his or her designee, shall find reasonably necessary to make a fair determination of whether approval should be issued.
(Code 1965, § 4303; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(c) Standards for approval. The City Manager, or his or her designee, shall grant approval upon finding that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.
(Code 1965, § 4303; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(d) Issuance; fee; term. The approval shall be issued, without cost, to the applicant and shall be effective for a period of 30 days after issuance.
(Code 1965, § 4303; Ord. No. 809; Ord. No. 87-34; Ord. No. 06-4)
Sec. 114-35. Maintenance of city-owned trees, shrubs, hedges, and heritage trees.
All city-owned trees, shrubs, hedges, and heritage trees shall be maintained so as to preserve the public health, safety, and general welfare; and the City Manager, or his or her designee, shall promulgate any reasonable rules and regulations necessary to establish specific maintenance standards herein or to otherwise implement the provisions of this article.
(Code 1965, § 4304; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
Sec. 114-36. Duties of owners of trees and shrubs growing on or near right-of-way or public place.
It shall be the duty of any person allowing a tree, shrub, or hedge to grow on the public right-of-way or property which abuts a public place or street to:
(Code 1965, § 4305; Ord. No. 809; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 06-4)
(1) Prune the trees, shrubs, and hedges so as not to cause a hazard to parks, public places, or streets; or to users of these parks, public places, or streets;
(Code 1965, § 4305; Ord. No. 809; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 06-4)
(2) Treat or remove any tree, shrub, hedge, or plant of any type or species so diseased or insect-ridden as to constitute a hazard to trees, shrubs, or hedges in streets, parks, or public places;
(Code 1965, § 4305; Ord. No. 809; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 06-4)
(3) Water and fertilize any tree, shrub, hedge, or plant to maintain proper growth and health.
(Code 1965, § 4305; Ord. No. 89-15; Ord. No. 06-4)
Cross references: Streets, sidewalks, and other public places, ch. 90.
Sec. 114-37. Public nuisances.
The following shall be so defined as to constitute a public nuisance:
(Code 1965, § 4306; Ord. No. 809; Ord. No. 06-4)
(1) Any tree, shrub, or hedge on any street or private property of a type or species that may destroy, impair, or otherwise interfere with any street improvements, including but not limited to sidewalks, curbs, street signs, approved street trees, gutters, sewers, or other public improvements, including utility mains or services;
(Code 1965, § 4306; Ord. No. 809; Ord. No. 89-15; Ord. No. 06-4)
(2) Vines or climbing plants growing into, over, or which may otherwise destroy, impair, or interfere with any street tree, shrub, hedge, or public improvements, including but not limited to fire hydrants, poles, electroliers, or street signs;
(Code 1965, § 4306; Ord. No. 809; Ord. No. 89-15; Ord. No. 06-4)
(3) Hedges or shrubs extending beyond a property line into a public right-of-way or which interfere with a public sidewalk or street;
(Code 1965, § 4306; Ord. No. 809; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 06-4)
(4) Any shrub or hedge exceeding the following height limit:
(Code 1965, § 4306; Ord. No. 809; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 06-4)
(a) Front yards. Any shrub or hedge may be a maximum of three (3) feet high within ten (10) feet of the front property line and a maximum of six (6) feet high within the remaining portion of the front yard.
(Ord. No. 06-4)
(b) Rear yards. Any shrub or hedge may be a maximum of six (6) feet high on rear property lines and within rear setback areas, except as restricted in subsections (e) and (f) of this section.
(Ord. No. 06-4)
(c) Interior side yards. Any shrub or hedge may be a maximum of six (6) feet high on interior side property lines and within interior side yard setback areas, except as restricted by subsection (a) of this section.
(Ord. No. 06-4)
(d) Exterior side yards. Any shrub or hedge may be a maximum of six (6) feet high on exterior side property lines and within exterior side yard setback areas of a corner lot, except as restricted by subsections (e) and (f) of this section.
(Ord. No. 06-4)
(e) Corner lots. Any shrub or hedge may be a maximum of three (3) feet high within the triangular area formed by the intersecting curblines (or edge of pavement lines) and a line joining points on these curblines (or edge of pavement lines) at a distance of forty (40) feet along both lines from their intersection.
(Ord. No. 06-4)
(f) Driveways. Any shrub or hedge may be a maximum of three (3) feet high on either side of a driveway within the triangular areas formed by the edge of the driveway, the property line, and a line joining points on each of these fifteen (15) feet from their intersection.
(Ord. No. 06-4)
(5) Any tree, tree limb, shrub, hedge, or vine which, after prior determination by the City Manager, or his or her designee, constitutes a hazard to traffic or the public safety. In making such determination, the City Manager, or his or her designee, shall take into consideration the location of the tree, tree limb, shrub, hedge, or vine in relation to the street, sidewalk and street signs, any traffic visibility hazard created, or any hazard to the safety of any motorist or pedestrian using such street or sidewalk;
(Code 1965, § 4306; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(6) Any violation of section 106-3 or section 106-4 of this Code.
(Code 1965, § 4306; Ord. No. 87-34; Ord. No. 06-4)
Cross references: Public nuisances, § 62-31 et seq.
Sec. 114-38. Order to correct condition.
(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible fails to voluntarily abate a violation of this article within the time and in the manner specified in the abatement notice, the city may abate the violation under the procedure set forth in section 62-38 of this Code.
(Code 1965, § 4307; Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4)
(b) Payment of costs. The city may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in section 62-38.5. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.
(Code 1965, § 4307; Ord. No. 809; Ord. No. 87-34; Ord. No. 06-4)
(c) Failure to perform work. Failure to perform work ordered by city hereunder is a misdemeanor punishable pursuant to section 1-23 of this Code.
(Code 1965, § 4307; Ord. No. 809; Ord. No. 06-4)
Secs. 114-39--114-60. Reserved.
DIVISION 2. HERITAGE TREES
Sec. 114-61. Purpose and intent.
The city is situated in an area which, in the past, has been forested by stands of oak, madrone, eucalyptus, black walnut trees, etc. The preservation of trees is necessary for the health and welfare of the citizens of the city in order to conserve the scenic beauty, prevent erosion of topsoil, protect against flood hazards, counteract the pollutants in the air, and maintain the climatic and ecological balance of the area. It is the intent of this division to establish regulations for the preservation of heritage trees within the city in order to retain as many of these trees as possible consistent with the purpose hereof and preserve the reasonable enjoyment of private property.
(Code 1965, § 4308; Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15)
Sec. 114-62. Criteria; designation by Planning Commission.
A heritage tree is: (1) any tree as defined in the definition of "heritage tree" in section 114-32; or (2) any tree on public or private property which has been so designated by action of the Planning Commission or which has been previously designated by the city Community Services Commission. To be designated a "heritage tree" by the Planning Commission, a tree or trees must meet the following criteria:
(Code 1965, § 4308.1; Ord. No. 867; Ord. No. 1006; Ord. No. 1148; Ord. No. 87-34; Ord. No. 87-36; Ord. No. 89-15)
(1) The tree must be considered an outstanding specimen (or group) of its species by virtue of either its location, health, conformation, age, size, or rarity, or any combination of the same;
(Code 1965, § 4308.1; Ord. No. 867; Ord. No. 1006; Ord. No. 1148; Ord. No. 89-15)
(2) The tree must be in a location and in a state of health which indicates a high possibility of survival, given reasonable care, and in a location which would not automatically preclude reasonable future development of the site.
(Code 1965, § 4308.1; Ord. No. 867; Ord. No. 1006; Ord. No. 1148; Ord. No. 89-15)
Sec. 114-63. Nomination for heritage status.
Any person may nominate a tree for "heritage tree" status. The Planning Commission shall receive nominations of trees for "heritage tree" status through the Department of Economic and Community & Economic Development, Planning Division. A property owner, if not the nominator, shall be provided with a notice of the date, time, and place for the Planning Commission meeting at which the nomination will be considered. Such notice shall be provided at least ten days prior to the Planning Commission meeting.
(Code 1965, § 4308.2; Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4)
Sec. 114-64. Identification; property rights; duties of property owner.
(a) Any heritage tree may be identified with a marker or other means as determined by the Planning Commission, provided the property owner consents to such an identification. The Director of Planning shall maintain a current list of all heritage trees so designated by the Planning Commission.
(Code 1965, § 4308.3; Ord. No. 867; Ord. No. 89-15)
(b) A tree which meets the definition of a "heritage tree" as defined in section 114-32, or which is designated as a "heritage tree" by the Planning Commission, shall remain the property of the landowner.
(Code 1965, § 4308.3; Ord. No. 867; Ord. No. 89-15)
(c) The care of the tree shall be the responsibility of the property owner.
(Code 1965, § 4308.3; Ord. No. 867)
(d) Any property owner having a heritage tree on his property shall be expected to give the tree reasonable care to ensure its continued good health.
(Code 1965, § 4308.3; Ord. No. 867)
Sec. 114-65. Applicability to proposed subdivisions and site development.
The provisions of this article shall also apply to any person who has made application for a subdivision of land or site development permit according to the provisions of this article; provided, however, that one permit only need be obtained.
(Code 1965, § 4308.5; Ord. No. 867; Ord. No. 87-34)
Sec. 114-66. Permit required for removal; exceptions.
It shall be unlawful for any person to remove, or cause to be removed, any heritage tree from any parcel of property in the city without first obtaining a permit to do so; provided, however, that in cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the Chief of Police, by the Chief of the Contra Costa County Consolidated Fire District, or by the Director of Parks and Leisure Services. Provided, further, in emergency situations only where the public health and safety is affected, any duly authorized representative of any public utility or of the city may remove trees which interfere with the safe and efficient operation of the public service for which they are responsible. Trees not covered by this article may be removed without a permit.
(Code 1965, § 4309; Ord. No. 867; Ord. No. 1006; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-36; Ord. No. 89-15; Ord. No. 92-4)
Sec. 114-67. Issuance of permit for removal; possession of permit.
(a) Application. Any person desiring to remove one or more heritage trees shall apply to the Director of Parks and Leisure Services or Planning Commission of the city for a permit. The application for a permit shall be made on forms provided for the purpose and shall include the following:
(Code 1965, § 4310; Ord. No. 89-15; Ord. No. 92-4)
(1) A plan which clearly indicates the location of the tree(s) to be removed and the quantity and species of trees to be planted in exchange for the heritage tree;
(Code 1965, § 4310; Ord. No. 89-15)
(2) Specification of the species, size, and "heritage" designation of the tree(s) to be removed;
(Code 1965, § 4310; Ord. No. 89-15)
(3) Statement of specific reasons for the proposed removal;
(Code 1965, § 4310; Ord. No. 89-15)
(4) Filing fee as specified in Resolution Establishing Fees and Charges for Various Municipal Services;
(Code 1965, § 4310; Ord. No. 89-15)
(5) Any additional information as the Director of Parks and Leisure Services, Planning Commission, or other designated person determines necessary, which may include a report prepared by a qualified arborist.
(Code 1965, § 4310; Ord. No. 89-15; Ord. No. 92-4)
(b) Review; criteria for evaluation. Any person desiring to remove one or more heritage tree(s) shall apply to the Department of Economic and Community & Economic Development, Planning Division. The city Planning Commission shall maintain responsibility for evaluating those requests to remove heritage tree(s) which were so designated by their body. All other requests for removal shall be evaluated by the Director of Parks and Leisure Services, or other designated person. In either case, there shall be a complete review of all application information, inspection of the site and subject tree, and a determination of the following:
(Code 1965, § 4310; Ord. No. 89-15; Ord. No. 92-4)
(1) The condition of the tree or trees with respect to disease, whether the tree acts as a host for plants or animals, its danger of falling, and its potential for endangering other nearby trees;
(Code 1965, § 4310; Ord. No. 89-15)
(2) Proximity to existing or proposed structures;
(Code 1965, § 4310; Ord. No. 89-15)
(3) The proximity to, or potential to, interfere with existing utilities or buildings;
(Code 1965, § 4310; Ord. No. 89-15)
(4) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property;
(Code 1965, § 4310; Ord. No. 89-15)
(5) Topography of the land and the effect of removal of the tree on erosion, soil retention, and diversion or increased flow of surface waters;
(Code 1965, § 4310; Ord. No. 89-15)
(6) The number of trees existing in the neighborhood on improved property and the effect removal would have on the established standard of the area and the property value.
(Code 1965, § 4310; Ord. No. 89-15)
(c) Priority of applications; staff reports. In reviewing applications, the Director of Parks and Leisure Services, or his designee, shall give priority to those applications for removal of a heritage tree based on hazard or danger of disease. Applications may be referred to another department, committee, board, or commission of the city for report and recommendation.
(Code 1965, § 4310; Ord. No. 89-15; Ord. No. 92-4)
(d) Coordination with other applications for development.
(1) An application to remove a heritage tree, which is the result of an application for development, shall be submitted and coordinated with the initial application for approval of that development. The applicant shall provide the same information as specified in subsection (a) of this section.
(Code 1965, § 4310; Ord. No. 89-15)
(2) The appropriate planning agency shall consider the treatment of each heritage tree on the site with respect to the proposed land use and development. The planning agency may approve or deny the request to remove a heritage tree using criteria for evaluation as specified in subsection (b) of this section.
(Code 1965, § 4310; Ord. No. 89-15)
The retention of heritage tree(s) may be considered as justification for variances from strict application of zoning standards. Wherever possible, the appropriate planning agency shall seek changes or may attach conditions of approval to a proposed development plan in order to maintain all heritage trees on the site.
(Code 1965, § 4310; Ord. No. 89-15)
(e) Possession of permit. It shall be the responsibility of the person or company removing a heritage tree to have on his person the permit for removal. Noncompliance shall be considered an infraction punishable under section 1-22.
(Code 1965, § 4310; Ord. No. 89-15)
Sec. 114-68. Protection during construction.
(a) Prior to commencing any demolition, site preparation, grading, or construction activities on a site which contains a heritage tree(s), the following measures shall be implemented:
(Code 1965, § 4311; Ord. No. 89-15)
(1) Install a temporary chainlink fence, minimum height of six feet, around the drip line of the heritage tree(s);
(Code 1965, § 4311; Ord. No. 89-15)
(2) Prohibition of excavation, grading, leveling, etc., within the drip line area of the heritage tree(s);
(Code 1965, § 4311; Ord. No. 89-15)
(3) Oil, gasoline, chemicals, or any other harmful materials shall not be deposited, disposed of, or stored within the drip line of a heritage tree or deposited within drainage channels, swales, or areas which would cause such substances to enter the drip line area;
(Code 1965, § 4311; Ord. No. 89-15)
(4) Wires, signs, ropes, pulleys, etc., shall not be attached to any heritage tree(s);
(Code 1965, § 4311; Ord. No. 89-15)
(5) No construction waste materials, either liquid or solid, shall be dumped within the drip line of a heritage tree, or deposited within drainage channels, swales, or areas which would cause such substances to enter the drip line area; and
(Code 1965, § 4311; Ord. No. 89-15)
(6) Utility services and irrigation lines shall be designed so as to be located outside the drip line of heritage trees wherever feasible. Tunneling rather than trenching is the preferred method of installation where installation is necessary within the drip line area. Economic considerations alone or the fact that a straight line is the shortest distance shall not be grounds to justify encroachment into the drip line area.
(Code 1965, § 4311; Ord. No. 89-15)
(b) The approving authority (Director of Parks and Leisure Services or appropriate planning agency) shall have the authority to add additional measures, as deemed appropriate, to help ensure the viability of a heritage tree(s) on a specific development site.
(Code 1965, § 4311; Ord. No. 89-15; Ord. No. 92-4)
The decision of the Director of Parks and Leisure Services or appropriate planning agency, whichever applies, may be appealed by the applicant or any interested person to the City Council in accordance with section 2-53 of this Code. This section shall not apply to those orders subject to appeal pursuant to section 114-38(d).
(Code 1965, § 4312; Ord. No. 867; Ord. No. 1006; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-36; Ord. No. 89-15; Ord. No. 92-4)
Secs. 114-70--114-100. Reserved.
ARTICLE III. WATER CONSERVATION REGULATIONS FOR LANDSCAPED PROJECTS
Sec. 114-101. Purpose and applicability.
The purpose of this article is to promote the conservation of water through landscape design and irrigation management. The provisions of this article shall apply to all projects subject to Design Review Board approval and all model homes. All development projects subject to this article must submit a landscape plan meeting the criteria set forth in sections 114-103 through 114-108 of this Code, which shall be approved by the Zoning Administrator, Planning Commission, City Council, or Design Review Board in conjunction with project approval.
(Code 1965, § 5510; Ord. No. 92-11)
For the purpose of this article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
(Code 1965, § 5511; Ord. No. 92-11)
Drought-tolerant plants. Those plants which are identified in Water Conserving Plants and Landscapes for the Bay Area, by the East Bay Municipal Utilities District, or other acknowledged expert sources, including literature of the Contra Costa Water District, as plants with low water requirements. Plants not so identified may be accepted as "drought tolerant" provided they are documented to use little water.
(Code 1965, § 5511; Ord. No. 92-11)
Landscape area. The area to be landscaped, consisting of gross square footage of the parcel or parcels, less the square footage devoted to building pads, driveways, parking areas, and trash enclosures.
(Code 1965, § 5511; Ord. No. 92-11)
Cross references: Definitions generally, § 1-10.
Sec. 114-103. Plant selection.
(a) At least 90 percent of the plants selected in nonturf areas shall be well suited to the climatic regions existing within the city in order to promote the conservation of water. No more than ten percent of the plants selected for nonturf areas of the project site may be of plant varieties which are not generally considered by the landscape industry as being "drought tolerant." If a project applicant includes nondrought-tolerant plant varieties as a part of the landscape design, then such plants shall be grouped together and shall be separately irrigated.
(Code 1965, § 5512; Ord. No. 92-11)
(b) Nothing in this article shall be construed to compel removal of heritage trees in violation of section 114-66 of this Code.
(Code 1965, § 5512; Ord. No. 92-11)
Sec. 114-104. Maximum area of turf coverage and water features.
The combined turf and water features shall be limited to a maximum of 25 percent of the landscaped areas of the project site; provided, however, that parks, golf courses, schools, and cemeteries shall not be subject to this limitation. No turf shall be allowed in median strips or in any areas that are less than eight feet wide. Land required by the city to be devoted to recreation or open space as part of an approved development plan may also be considered for an exemption from the limitations on turf coverage and water features at the time of project approval.
(Code 1965, § 5513; Ord. No. 92-11)
Sec. 114-105. Determination of size of landscaped areas.
The formula for determining the size of the area to be landscaped for a parcel or contiguous parcels shall consist of the gross square footage of the parcel or parcels, less the area to be used for streets, building pads, driveways, and parking areas.
(Code 1965, § 5514; Ord. No. 92-11)
Sec. 114-106. Soil testing and enhancement.
For every landscape plan subject to approval pursuant to this article, a soil test shall be performed by a certified soils laboratory. The test shall indicate the soil type, composition, and pH; and the recommendations of the soil testing lab shall be incorporated into the landscape plan. In nonturf areas, a minimum of two inches of mulch shall be added to the soil surface after the soil has been scarified and plants have been planted. All material proposed to be placed under the mulch shall be identified in the landscape plan; provided, however, that nonporous materials shall not be placed under the mulch. Slow-release nitrogen fertilizer shall be used on turf areas to reduce the need for watering.
(Code 1965, § 5515; Ord. No. 92-11)
Sec. 114-107. Irrigation system standards.
The following standards shall apply to all irrigation systems:
(Code 1965, § 5516; Ord. No. 92-11)
(1) Automatic irrigation systems shall be used.
(Code 1965, § 5516; Ord. No. 92-11)
(2) Valves and circuits shall be separated based on required water use.
(Code 1965, § 5516; Ord. No. 92-11)
(3) Trees shall be watered with drip or bubbler irrigation systems.
(Code 1965, § 5516; Ord. No. 92-11)
(4) Serviceable checkvalves shall be used where differences in elevation may otherwise cause low head drainage.
(Code 1965, § 5516; Ord. No. 92-11)
(5) All irrigation systems shall be equipped with a controller which is capable of dual or multiple programming. Water shall be timed between the hours of 3:00 a.m. and 10:00 a.m.
(Code 1965, § 5516; Ord. No. 92-11)
(6) Each controller within an irrigation system shall have multiple cycle start capacity.
(Code 1965, § 5516; Ord. No. 92-11)
(7) Each controller within an irrigation system shall have a flexible calendar program.
(Code 1965, § 5516; Ord. No. 92-11)
(8) Drip and bubbler irrigation systems shall not discharge water in excess of 1.5 gallons per minute per device.
(Code 1965, § 5516; Ord. No. 92-11)
(9) Sprinkler heads which are used on slopes exceeding 15 percent shall have a precipitation rate that does not exceed 0.85 inches per hour.
(Code 1965, § 5516; Ord. No. 92-11)
(10) Sprinkler heads which are used on slopes exceeding ten percent and which are located within ten feet of any hardscape shall have a precipitation rate that does not exceed 0.85 inches per hour.
(Code 1965, § 5516; Ord. No. 92-11)
(11) Sprinkler heads must have matched precipitation rates within each control valve circuit.
(Code 1965, § 5516; Ord. No. 92-11)
(12) Sprinkler head orientation and throw shall be designed for minimum runoff and for minimum overspray onto nonirrigated areas.
(Code 1965, § 5516; Ord. No. 92-11)
(13) Sprinkler systems shall provide head-to-head coverage. Pop-up sprinklers in turf areas shall be at least four inches high.
(Code 1965, § 5516; Ord. No. 92-11)
Sec. 114-108. Landscape plan and water usage program.
(a) Each landscape plan shall include a water usage program, which includes, but is not limited to, the following:
(Code 1965, § 5517; Ord. No. 92-11)
(1) Estimated square footage of area which is to be irrigated.
(Code 1965, § 5517; Ord. No. 92-11)
(2) Estimated annual water use in gallons.
(Code 1965, § 5517; Ord. No. 92-11)
(3) Precipitation rate(s) for each valve circuit.
(Code 1965, § 5517; Ord. No. 92-11)
(4) Estimated length of the plant establishment period.
(Code 1965, § 5517; Ord. No. 92-11)
(b) The applicant shall arrange with the Contra Costa Water District to perform an irrigation water audit during the maintenance period provided by the landscape contractor. The results of the audit shall be used to produce an irrigation schedule which shall become part of the landscape plan required by this article. The irrigation schedule shall include a more water intensive plant establishment period during the 12 months following plant installation, as well as a longterm irrigation schedule.
(Code 1965, § 5517; Ord. No. 92-11)
(c) A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion of the landscape plan to the city. The certificate shall certify that the landscaping and irrigation were installed in conformance with this article, that the plants were installed as specified in the approved landscape plan, that the irrigation system was installed as designed, and that an irrigation audit has been performed, and shall list any observed deficiencies, which shall be corrected within 30 days.
(Code 1965, § 5517; Ord. No. 92-11)
Sec. 114-109. Demonstration landscaping at model home sites.
Each major subdivision or residential planned development requiring Design Review Board approval shall provide one or more model home sites which include front yard landscaping with water-conserving plant material to serve as an example for home purchasers and the community. The model landscape sites shall identify the type or species of plant materials used, along with applicable information regarding plant maintenance requirements, at the development sales office to any party expressing an interest in obtaining such information. This landscaping must be installed in conformance with all provisions of this article, including the development, installation, and regulation of related irrigation systems.
(Code 1965, § 5518; Ord. No. 92-11)
Sec. 114-110. Developer's agreement for installation and maintenance of landscaping.
The project sponsor for every development project subject to this article and such other development projects as determined by the Zoning Administrator, Planning Commission, or City Council shall enter into a recorded agreement for installation and maintenance of landscaping in a form approved by the City Attorney.
(Code 1965, § 5519; Ord. No. 92-11)
Sec. 114-111. Violations; penalties.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this article. Any person violating any provision of this article shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished in accordance with section 1-22 of this Code.
(Code 1965, § 5520; Ord. No. 92-11)