2015-167 Park Design, Landscape, & Tree Preservation_Chap. 9.86 ORDINANCE NO. 2015-167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, FINDING THAT CODE AMENDMENT
DCA 2015-030 IS EXEMPT FROM ENVIRONMENTAL REVIEW
AND AMENDING THE MENIFEE MUNICIPAL CODE BY THE
ADOPTION OF A NEW CHAPTER 9.86 "PARK DESIGN,
LANDSCAPING AND TREE PRESERVATION"
WHEREAS, on October 1, 2008, the City of Menifee incorporated, becoming the
local government authority for the City's corporate boundaries; and
WHEREAS, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
WHEREAS, on February 14, 2015, a Municipal Code Amendment by way of DCA 2015-
030 was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a
public hearing before the City of Menifee Planning Commission scheduled for February 25, 2015;
and
WHEREAS, on February 25, 2015, the Planning Commission held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment by way of
DCA 2015-030, considered all public testimony as well as all materials in the staff report and
accompanying documents to establish a new Chapter 9.86 "Park Design, Landscaping and Tree
Preservation" within the City of Menifee Municipal Code pertaining to the standards and criteria
applicable to park design and landscape, irrigation and tree preservation within the City of
Menifee, and following a discussion continued the open public hearing to March 11, 2015; and
WHEREAS, at both the February 25, 2015, and March 11, 2015 Planning Commission
public hearings, based upon the materials in the staff reports and accompanying documents, the
Commission considered the requirements of the California Environmental Quality Act (CEQA)
(Public Resources Code Section 21000 et. seq.)with regard to the possible impacts the proposed
Code Amendment may have upon the environment; and
WHEREAS, at the March 11, 2015 Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Planning Commission considered
the Goals and Policies of the City's adopted General Plan and how the Code Amendment by way
of DCA 2015-030 conforms to those Goals and Policies; and
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j WHEREAS, at the March 11, 2015, public hearing the Planning Commission considered
all public testimony as well as all materials in the staff report and accompanying documents, and
following a discussion unanimously approved, by all members present, the adoption of
Commission Resolution No. PC 15-202 forwarding a recommendation that the City Council find
Code Amendment 2015-030 Exempt from further environmental review and approve Ordinance
No. 2015-167 establishing a new Chapter 9.86 "Park Design, Landscaping and Tree
Preservation" within the City of Menifee Municipal Code pertaining to the standards and criteria
applicable to park design and landscape, irrigation and tree preservation within the City of
Menifee; and
Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
WHEREAS, on February 26, 2015, the City's Parks, Recreation and Trails Commission
held a duly noticed public hearing on the recommended Notice of Exemption and proposed Code
Amendment by way of DCA 2015-030, considered all public testimony as well as all materials in
the staff report and accompanying documents to establish a new Chapter 9.86 "Park Design,
Landscaping and Tree Preservation" within the City of Menifee Municipal Code pertaining to the
standards and criteria applicable to park design and landscape, irrigation and tree preservation
within the City of Menifee, and following a discussion, unanimously approved a motion to forward
a recommendation to approve the proposed Code Amendment; and
WHEREAS, on March 20, 2015, a Municipal Code Amendment by way of DCA 2015-030
was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public
hearing before the City of Menifee City Council scheduled for April 1, 2015; and
WHEREAS, on April 1, 2015, the City of Menifee City Council held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment by way of
DCA 2015-030, considered all public testimony as well as all materials in the staff report and
accompanying documents to establish a new Chapter 9.86 "Park Design, Landscaping and Tree
Preservation" within the City of Menifee Municipal Code pertaining to the standards and criteria
applicable to park design and landscape, irrigation and tree preservation within the City of
Menifee; and
WHEREAS, at the April 1, 2015 City of Menifee City Council public hearing, based upon
the materials in the staff reports and accompanying documents, the Council considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq) with regard to the possible impacts the Amendment may have upon the
environment; and
WHEREAS, at the April 1, 2015 City Council public hearing, based upon the materials in
the staff report and accompanying documents, the Council considered the Goals and Policies of
the City's adopted General Plan, as recommended by the Planning Commission and as stated
below, finding the proposed Ordinance consistent with, conforming to and fulfills the Goals and
Policies of the adopted General Plan in that the Ordinance would clearly require high quality
landscape design, installation and maintenance throughout the City. Directly relating to these
requirements are the expectation of high quality park designs. Repeated references, more than
any other topic within the General Plan's Goals and Policies, address park and landscaping, both
on public and private property, focusing upon community aesthetics, visual consistency, benefits
to the community from quality landscaping, trees and preservation of natural vegetation, and the
adverse impacts that come from not requiring and maintaining such physical features. The
standards and criteria established with the proposed Code Amendment shall require the high
quality park design, as well as high quality landscaping, consistent maintenance, and coordination
between public and private property developments that are identified within and expected of the
Goals and Policies of the City's adopted General Plan.
Applicable Goals and Policies include:
Land Use Element
Goal LU-1: Land uses and building types that result in a community where residents at all
stages of life, employers, workers, and visitors have a diversity of options of where they can live,
work, shop, and recreate within Menifee.
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Policy LU-1.4 Preserve, protect, and enhance established rural, estate, and residential
neighborhoods by providing sensitive and well-designed transitions (building design, landscaping,
etc.) between these neighborhoods and adjoining areas.
Policy LU-1.9 Allow for flexible development standards provided that the potential benefits and
merit of projects can be balanced with potential impacts.
Housing Element
GOAL HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee
residents and supports the local economy.
Policy HE-1.2 Housing Design. Require excellence in housing design with materials and colors,
building treatments, landscaping, open space, parking, and environmentally sensitive design
practices.
Policy HE-1.7 Community Character. Protect the character of the community by preserving the
unique rivers, landscape, natural features, and community features that distinguish Menifee from
other cities in the region.
Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure, community
amenities, and public services and facilities.
Policy HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by
providing parks and open space, planting trees, greening parkways, and maintaining a continuous
pattern of paths that encourage an active, healthy lifestyle.
Circulation Element
GOAL C-1: A roadway network that meets the circulation needs of all residents, employees,
and visitors to the City of Menifee.
Policy C-1.1 Require roadways to:
Be compatible with the streetscape and surrounding land uses.
GOAL C-2 A bikeway and community pedestrian network that facilitates and encourages non-
motorized travel throughout the City of Menifee.
Policy C-2. Require on-and off-street pathways to:
Be compatible with the streetscape and surrounding land uses.
GOAL C-6: Scenic highway corridors that are preserved and protected from change which
would diminish the aesthetic value of lands adjacent to the designated routes.
Policy C-6.6 Ensure that the design and appearance of new landscaping, structures,
equipment, signs, or grading within eligible county scenic highway corridors are compatible with
the surrounding scenic setting or environment.
Open Space and Conservation Element
GOAL OCS 1:A comprehensive system of high quality parks and recreation programs that meets
the diverse needs of the community.
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Policy OCS-1.8 Ensure that parks and recreational facilities are well-maintained by the
responsible agency.
GOAL OSC-7:A reliable and safe water supply that effectively meets current and future user
demands.
Policy OSC 7.4 Encourage the use of reclaimed water for the irrigation of parks, golf courses,
public landscaped areas, and other feasible applications as service becomes available from the
Eastern Municipal Water District.
Community Design Element
GOAL CD-1: A unified and attractive community identity that compliments the character of the
City's distinctive communities.
Policy CD-1.4 Provide special landscaping and decorative monument signage in order to
highlight arrival and departure from the City.
GOAL CD-2: Preserve and enhance the character of the City's rural areas.
Policy CD-2.1 Require open space and recreation buffers, increased setbacks/step backs,
landscape screening, sensitive site planning, and/or other buffer techniques, to the extent
possible, between rural/equestrian-oriented land uses and dissimilar uses.
Goal CD-3: Projects, developments, and public spaces that visually enhance the character of
the community and are appropriately buffered from dissimilar land uses so that differences in
type and intensity do not conflict.
Policy CD-3.2 Maintain and incorporate the City's natural amenities, including its hillsides,
indigenous vegetation, and rock outcroppings, within proposed projects.
Policy CD-3.15 Require property owners to maintain structures and landscaping to high standards
of design, health, and safety.
Policy CD-3.17 Encourage the use of creative landscape design to create visual interest and
reduce conflicts between different land uses.
Policy CD-3.19 Design walls and fences that are well integrated in style with adjacent structures
and terrain and utilize landscaping and vegetation materials to soften their appearance.
Policy CD-3.22 Incorporate visual buffers, including landscaping, equipment and storage area
screening, and roof treatments, on properties abutting either Interstate 215 or residentially
designated property.
GOAL CD-4: Recognize, preserve, and enhance the aesthetic value of the City's enhanced
landscape corridors and scenic corridors.
Policy CD-4.1 Create unifying streetscape elements for enhanced landscape streets, including
coordinated streetlights, landscaping, public signage, street furniture, and hardscape.
Policy CD-4.4 Frame views along streets through the use of wide parkways and median
landscaping.
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Policy CD-4.7 Design new landscaping, structures, equipment, signs, or grading within scenic
corridors for compatibility with the surrounding scenic setting or environment.
GOAL CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the
community.
Policy CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential
neighborhoods and require the planning of street trees throughout the City.
Policy CD-6.2 Ensure that all public landscaping is adequately maintained.
Policy CD-6.3 Require property owners to maintain the existing landscape on developed
nonresidential sites and replace unhealthy or dead landscaping.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment by way of DCA No. 2015-030 is exempt from
further environmental review and authorize staff to sign and forward the Notice of Exemption.
Section 2. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2015-030 is consistent with the Goals and Policies of the City's
adopted General Plan as enumerated above.
Section 3. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2015-030 is consistent with the requirements of the City of Menifee
Municipal Code regarding the process of amending the Municipal Code.
Section 4. That the City Council adopt a new Chapter 9.86 "Park Design, Landscaping
and Tree Preservation" of the Menifee Municipal Code to read as follows:
"Chapter 9.86 Park Design, Landscaping and Tree Preservation
Sections:
Section 9.86.010 Purpose
Section 9.86.020 Discussion
Section 9.86.030 Applicability
Section 9.86.040 Landscape and Irrigation Plans
Section 9.86.050 Landscape Requirements
Section 9.86.060 Special Landscaping Requirements
Section 9.86.070 Additional Requirements for Residential Areas
Section 9.86.080 Removal and Replacement of Required Landscaping
Section 9.86.090 Maintenance Requirements and Violations
Section 9.86.100 Park Development Design Plans
Section 9.86.110 Tree Preservation Regulations
Section 9.86.120 Tree Replacement
Section 9.86.130 Protection of Existing trees
Section 9.86.140 Tree Maintenance
Section 9.86.150 Water Efficient Landscaping
Section 9.86.160 Violations
Section 9.86.170 Appeals
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Section 9.86.010 Purpose
This Chapter establishes minimum landscape requirements designed to improve the appearance
of the City, its various communities and zoning districts. These requirements include provisions to
reduce heat, improve health and livability, protect existing natural ecosystems where appropriate
and create new ecosystems with City approval of new projects/developments, promote efficient
use of water, minimize soil erosion, preserve and protect trees, diminish wildland fire danger and
ensure that landscape installations do not create hazards for motorists or pedestrians. The context
of these landscape standards provides a framework for developments to successfully achieve
these goals. These standards are intended to inform developers, landscape architects, architects,
planners, irrigation designers, project applicants, contractors, and the general public regarding
requirements and procedures for the installation and maintenance of landscaping within the City
of Menifee.
The further purpose of this Chapter is to protect trees, considered to be a community resource,
from indiscriminate cutting or removal, to ensure and enhance public health, safety, and welfare
through proper care, maintenance and preservation of trees, considered a community resource.
Such landscaping, irrigation systems and tree preservation represent a substantial investment in
and potential benefit to the community.
In addition to the installation of well designed, high quality landscaping, irrigation systems, and the
maintenance thereof, the City has adopted landscape standards to include landscape
documentation, submission requirements, review procedures and inspection protocols that when
followed will allow a consistent, efficient and cost effective mechanism to assure that both public
and private landscaped areas are of the quality expected within the City of Menifee.
In order for the City to promote the quality mandated of sustainable public and private landscapes
that enhances community character, the City has adopted standards and criteria for the
development of both public and private parks, recreation areas and open space areas.
Consistency between landscaped areas, public and private, as well as high quality standards for
park development will assure that such facilities shall be beneficial to all members of the Menifee
community.
Section 9.86.020 Discussion
The City encourages and promotes sustainable landscapes which enhance community character
by improving the aesthetic quality of life for its residents and presenting a naturalistic environment
as the cityscape transitions from its rural theme to its urban theme. Landscaping, including the
preservation and maintenance of trees, creation of parkways, parks, trails, et cetera represent a
substantial investment in, and a potential benefit to, the City.
Enhancements to the built environment, the primary focus of this Chapter, by necessity, includes
requirements for the care, maintenance, and preservation of landscape features, such as natural
rock outcroppings, floral arrangements, as well as open space. The requirements herein also
include measures to ensure public safety, protection from wildfires, uncontrolled runoff, and from
the creation of breeding grounds for undesirable rodents and insect vectors.
Prominently featured in this Chapter is the protection of trees. The City considers trees to be a
valuable community resource. Heritage trees such as those with certain characteristics (age, size,
species, location, historical influence, aesthetic quality or ecological value) receive special
attention and preservation efforts.
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The City has developed landscape standards to provide a framework for developments to
successfully achieve the City's landscape goals. The standards include landscape documentation,
submission requirements, review procedures and inspection protocols that when followed, will
allow a consistent, efficient and cost effective mechanism to assure that both public and private
landscaped areas are of the quality expected within the City of Menifee.
To this end, the City:
1. Conducts compliance reviews for improvements in private developments and public rights—
of—way. Plans subject to review include planting plans, irrigation plans, concrete sidewalks,
multi-purpose trails, fencing, thematic signage, median paving, and play areas.
2. Provides a project application and approval process that allows an applicant the opportunity
to interact with City staff, receiving guidance, recommendations, advice, and feedback to
assure project success.
3. Provides lines of approval authority to ensure fairness and consistency in plan review and
project development so that the final landscape product presents a smooth transition from
private to public and rural to urban locations with an overall pleasing presentation of the
City's green image.
Section 9.86.030 Applicability
To ensure landscaping consistency throughout the City, the provisions of this Chapter shall apply
to public and private developments, including rural area development (other than agricultural
activity), and remodeling or restoration projects where land disturbance or additional square
footage meets or exceeds ten (10) percent of the project area.
The regulations contained in this Chapter shall apply to new and existing (when modified)
development as follows and shall be in addition to any other development standards and
regulations contained elsewhere within the Zoning Code (e.g., lighting, parking standards,
fences/hedges/walls, driveways, etc.).
A. New Projects. New commercial, industrial, mixed-use, multi-family residential, and
single-family residential subdivisions shall be reviewed by the designated approving
authority to ensure landscaping is provided in compliance with the requirements of
this Chapter.
B. Existing Single Family Residential Development. Existing single-family residential
homes shall be subject to the maintenance and preservation requirements
established herein. Where an existing single-family residential project requests an
entitlement that increases the building square footage or footprint by one hundred
(100) percent or more, the designated approving authority shall evaluate the existing
landscape to ensure compliance with applicable requirements of this Chapter as
deemed necessary and appropriate.
C. Existing Development. Where an existing nonresidential, mixed-use, and/or multi-
family residential project applies for an entitlement that increases the building square
footage by ten (10) percent or more, the designated approving authority shall evaluate
the existing landscape to ensure compliance with applicable requirements of this
Chapter as deemed necessary and appropriate.
D. Park Development. Where a park, existing or required as a condition of approval or
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a requirement of the Development Code, is proposed to be developed, or
amended/modified by at least ten (10) percent of its total land area, such development
shall comply with the standards and criteria of this Chapter.
E. Exceptions: The provisions of this Chapter do not govern the following:
1. The removal or pruning of any tree which poses an imminent threat to public
property or public health, safety and welfare, as determined by a qualified member
of a law enforcement agency, the CalFire Fire Department, the Community
Services Department, the Public Works Department or a utility company.
2. The removal of any tree on City-owned property as directed by a qualified county,
state, or federal agency or insurance provider.
3. The removal of a diseased or dead tree on City-owned property as determined by
the Public Works and/or Community Services Department.
Section 9.86.040 Landscape and Irrigation Plans
When this Chapter is applicable to new parks, projects or existing development, as identified in
Section 9.86.030 "Applicability", preliminary and final landscape plans shall be submitted in
accordance with the requirements of this Chapter and review of such plans shall be conducted as
part of the approval process.
A. Preliminary Landscape and Irrigation Plan. A preliminary landscape and irrigation
plan shall be submitted to the designated approving authority as part of the
discretionary review process. This plan must show a water budget that includes the
estimate water use (in gallons), the irrigated area (in square feet), precipitation rate,
and flow rate in gallons per minute as well as conceptual locations for trees, shrubs,
ground cover, etc. A corresponding list of planting material by species (using common
and scientific name), quantity, and size shall be included.
B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation
plan has been approved by the designated approving authority, a final landscape and
irrigation plan shall be submitted to the Community Development Department in
conjunction with site improvement plans. The final landscape planting and irrigation
plans shall be prepared by a registered licensed landscape architect and shall be in
substantial compliance with the preliminary landscape and irrigation plan approved
by the designated approving authority. Final plans shall show the location of and
irrigation for trees, shrubs, and ground cover. The final landscape plan shall include,
at a minimum, plant name (providing both common and scientific name), plant
quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation
system, and plans for tree retention and removal where applicable. When, due to
unforeseen circumstances, the installation of the plants, irrigation system, and/or
other items shown upon the "Final Landscaping Plan" are not installed as illustrated,
prior to Final Inspection an "As Built' plan shall be submitted to document the actual
location of installation. The Final Landscape Plan should also include a water budget
that identifies the estimate water use (in gallons), the irrigated area (in square feet),
precipitation rate, and flow rate in gallons per minute.
C. Concept Park Plans. Preliminary park plans, inclusive of landscaping and irrigation
plans, shall be submitted to the designated approving authority as part of the
discretionary review process. This plan must show the basic design of the proposed
park, whether public or private, parking areas, active and passive activities, areas left
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natural, drainage and dual use areas, as well as other information as required by the
Community Services Department.
Section 9.86.050 Landscape Requirements
Landscaping and irrigation plans, for public and private property, public rights-of-way and public or
private parks shall be submitted, reviewed and approved as detailed within the Landscape
Standard Guidelines adopted by Planning Commission Resolution, as may be amended from time
to time. In addition, projects are required to comply with provisions within Chapter 9.88
"Landscaping and Water Efficiency" of this Article and Ordinance No. 2009-61.
The utilization of decorative materials such as mulch, decomposed granite, bark, and drought-
tolerant plants as well as non-living inert material (rock, cobbles, decorative stone, etc.) may be
used within any landscape area required by this Chapter upon approval by the Planning
Commission. Landscape water conservation methodology (or Xeriscape) may be used to cover
up to fifty (50) percent of the area between the leading edge of a single-family residence and a
public right-of-way without review/approval of the Planning Commission.
All landscaped areas shall be irrigated and maintained in a clean, weed free and disease free
manner at all times. Property owners/tenants shall regularly inspect their property to ensure that
all plants are live and healthy, that irrigation systems, control devices, and timers are functioning
properly, dead or dying plants are removed and replaced, and that all areas using mulch,
decorative rock, or other features are in good condition and are consistent with the plans originally
approved, installed and inspected by the City.
Section 9.86.060 Special Landscape Requirements
In addition to the general requirements as detailed with Section 9.86.050 "Landscape
Requirements" the requirements listed below apply to special types of landscaping. However, in
any wildland-urban interface fire area, the CalFire Fire Department requirements shall prevail.
A. Residential Landscape. See Section 9.86.070 "Additional Requirements for
Residential Areas".
B. Substantial Landscaping. All required landscaped areas and planters shall be
landscaped with a mix of trees, shrubs, perennials, ornamental grasses, vines, and
ground cover to create a dense and layered design. A substantial quantity of plants
shall be planted to create a natural setting. Drought tolerant plants shall be used
within all landscaped areas to augment the aesthetic and decorative nature of the
planted area. Drought tolerant plants shall augment, but not completely substitute for,
other flora arrangements unless specifically approved by the Planning Commission.
All landscaped areas, including those with drought tolerant plants, shall be maintained
in a clean, weed-free and disease free manner as specified within this Chapter.
C. Project Entry Landscaping. Entries to multi-tenant projects (both residential and
nonresidential) shall be designed as a special statement reflective of the character
and scale of the project to establish identity fortenants, visitors and patrons. Irrigated,
flowering accent plantings, decorative drought tolerant annuals (to be replaced as
needed for maintenance) and specimen trees shall be used to reinforce the entry
statement.
D. Trees Adjacent to Building Walls. With the exception of single-family housing
developments, trees shall be planted in areas of public view adjacent to structures at
a rate of one tree per thirty (30) linear feet of building dimensions, particularly to
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interrupt expansive horizontal and vertical surfaces. Tree clusters may be used to
satisfy specific design objectives.
E. Screening of Drive-Through Aisles. To shield vehicles and associated headlights
in a drive-through lane from view of abutting street rights-of-way, a minimum five (5)
foot wide planter shall include a minimum three (3) foot tall (maximum four {4} foot
tall) landscape barrier planted with trees and other landscaping consistent with those
in the parking area. Trimming and pruning the landscape barrier will be performed in
a manner that maintains the shielding of vehicle headlights in the drive-through lane
from adjacent street rights-of-way. The landscape barrier site design shall not
preclude or impede safe and secure ingress and egress from the facility while
providing screening from the public right-of-way.
F.Screening of Outdoor Equipment. Screening is required according to Chapter 9.46
"Fences, Hedges and Walls".
G. Wireless Communication Facilities. Where feasible, facilities, wireless
communication facilities shall be installed to blend in with existing landscaping on the
site, including trees, vines, and shrubs, and landscaping utilized for screening.
Additional landscaping may be planted around the tower and related equipment to
buffer adjacent residential zoning districts or uses and to buffer public trails.
Specifically, landscaping around the perimeter of a wireless communication facility (leased area)
shall include dense tree and shrub plantings with the necessary irrigation. Trees shall be a fast-
growing evergreen species, with a minimum size of twenty-four (24) inch box. Shrubs shall be a
minimum fifteen (15) gallon size covering a minimum planter area depth of five (5) feet around the
facility. Trees and shrubs shall be planted no farther apart on center than the mature diameter of
the proposed species.
H. On-Site Pedestrian Pathways. Pedestrian pathway landscaping shall include shade
trees placed so as to cover sixty percent (60%) of the total pathway area with tree
canopies within fifteen (15) years of securing the building permit.
I. Creeks. To the extent that landscaping or planting is required or provided along
creeks, such landscaping shall be plants indigenous to Western Riverside County.
J. Public Spaces. Walkable space landscaping shall include a combination of shade
trees and pedestrian shading devices (e.g., canopies, awnings, and umbrellas)
placed so as to cover sixty (60) percent of the total space with a shade canopy within
fifteen (15) years of securing the building permit.
K. Signs. Landscaping shall be provided at the base of the supporting structure of
freestanding signs equal to the area of one face of the sign. For example, fifty (50)
square feet of sign area requires fifty (50) square feet of landscaped area. The
Planning Commission may reduce this ratio during formal project review if found
necessary and/or appropriate for the overall design of the proposed project. Such
landscaping shall be appropriately irrigated and shall include flora arrangements that
include drought tolerant annuals and perennials, which are designed to facilitate
maintenance as well as enhanced aesthetic quality.
L. Buffering Between Uses. A landscape buffer shall be provided between residential
and nonresidential uses and between single-family uses and multi-family uses with
three (3) or more units. Buffer areas shall include a minimum ten (10)foot wide planter
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strip with shrubs and both deciduous and evergreen trees planted a maximum of thirty
(30) feet on center.
M. Interior Property Boundaries. When a landscaped area is provided, trees shall be
planted at a rate of one tree per thirty (30) linear feet of interior property line within a
planter area that is a minimum of six (6) feet wide. Tree clusters may be used to
satisfy specific design objectives.
N. Sound Walls/Masonry Walls. Where setback and open space areas are screened
from public view by walls or similar approved structures, landscaping shall be
provided so that fifty (50) percent of the wall will be covered by landscape material
within three (3) years.
O. Parking Lot Landscape. Parking lot landscape includes perimeter planters, planters
abutting parking lots and drive aisles, tree planting for parking lot shade, and a
combination of continuous planting strips, planting fingers, and parking islands
throughout the parking lot. All landscaped areas, including those with drought tolerant
plants (including Xeriscape areas), shall be irrigated. Parking lot landscape
requirements applicable to all parking lots commercial, industrial, mixed-use, and
multi-family parking lots with five (5) or more spaces are listed below:
1. All landscaped areas, whether populated with drought tolerant plants, other
species or decorative materials such as mulch, decomposed granite, bark, or
other non-living inert materials (rock, cobble, decorative stone, etc.), shall be
maintained in a clean, weed free and disease free manner as specified within
this Chapter and as reviewed, approved and installed (per City inspection) at
all times.
2. Trees are required to be planted at a rate of one (1) tree for every four (4)
parking stalls. At maturity, trees should reach a minimum height and spread
of forty (40) feet so as to form a shade canopy over parking stalls. Smaller
ornamental trees may not be used to satisfy this requirement. The minimum
width for planters containing a parking lot tree is six (6) feet. Tree selections
shall be approved by the Community Development Department.
3. A minimum of ten (10) percent of the total off-street parking area shall be
landscaped with trees, shrubs, and appropriate ground cover. The parking
area shall be computed by adding the areas used for access drive aisles,
stalls, maneuvering, and landscaping within that portion of the premises
devoted to vehicular parking and circulation.
4. Unenclosed parking facilities shall provide a perimeter landscaped strip at
least five (5) feet wide (inside dimension) where the facility adjoins a side or
rear property line. The perimeter landscaped strip may include a landscaped
yard or landscaped area otherwise required and shall be continuous, except
for required access to the site or parking facility.
5. Screening. All surface parking areas shall be screened from streets and
adjoining properties, and the open space areas between the property line and
public street right-of-way shall be landscaped with berms, swales, trees,
shrubs, and ground cover (or a combination thereof). Screening between
residential and nonresidential uses shall not be less than five (5)feet in height.
Parking lot landscaping shall be located so that pedestrians are not required
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Park Design, Landscaping and Tree Preservation
to cross unpaved areas to reach building entrances from parked cars (see
Figure 9.86.060-1 "Parking Lot Landscaping").
6. Existing Trees. Mature trees on the site in good health shall be preserved
whenever possible. Credit for the preservation of existing trees shall be as
provided in Section 9.86.110 "C. Credit for Tree Preservation" of this Chapter.
7. Planter Design. All parking lot planters shall be designed to meet the
following minimum requirements (see Figure 9.86.060-1 'Parking Lot
Landscaping "):
a. Planters shall be separated from maneuvering and parking areas by a
six (6) inch, raised concrete curb or equivalent.
b. Tree planting wells located at the front of parking stalls shall contain a
minimum of twenty-five (25) square feet and the smallest inside
dimension shall not be less than five (5) feet.
C. Landscape planters along the sides of parking stalls shall contain a
minimum of ninety (90) square feet and the smallest outside
dimension shall not be less than seven (7) feet to allow for a twelve
(12) inch concrete "step-out' walk in planter adjacent to parking stalls
(providing a four(4)foot minimum planting width).
FIGURE 9.86.060-1 PARKING LOT LANDSCAPING
Landscape Screen 1Pp 1��7
1I- ^�v7
G a
� h� a Low Profile Wall
G
✓r
Berm
Section 9.86.070 Additional Requirements for Residential Areas
A. Front Yard Landscaping. Where required in Table 9.86.070-1 "Trees Required in
Residential Zones" for new development, front yard landscaping shall include, at a
minimum, one fifteen (15) gallon size tree, one five (5) gallon size tree, ground cover,
and a permanent irrigation system to be installed by the developer priorto occupancy.
This requirement shall be in addition to required street trees.
B. Front Yard Landscaping Requirements. All homes must maintain a minimum ratio
of fifty (50) percent landscape (or Xeriscape) to fifty (50) percent hardscape ratio
within that area identified as the required front setback area. Up to twenty-five (25)
percent of the landscape area can be used for decorative hardscape (e.g., bark
mulch, decorative rocks, rock outcroppings, etc.).
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
C. Trees Required. Table 9.86.070-1 "Trees Required in Residential Zones", sets forth
minimum standards for the number and size of trees, both on- and off-site, for new
residential development. In addition to the size and number of trees required, the
following shall also be required:
1. Tree Location. No trees shall be planted under any eave, balcony, or overhang.
2. Root Barriers Required. Trees in landscape planters with six (6) feet or less of
hardscape (curb, walks, walls, etc.) shall be provided with tree root barriers.
3. Tree Staking. All trees, whose stability requires support, shall be staked in
accordance with the City's landscape standards.
4. Visibility. All trees whether singularly placed or placed in clusters shall not inhibit
standard visibility parameters.
5. Required Site Trees. One tree shall be provided for every 750 square feet of site
area that is not a required setback, occupied by buildings, or used for parking or
pedestrian walkways. Trees shall conform to the matrix of plant materials
established by the Community Development Department. Minimum tree size at
planting shall be fifteen (15) gallon.
6. Street Trees. Street trees shall be provided per City standards.
D. Artificial Turf. Artificial turf, or the use of Landscape Water Conservation methods
(Xeriscape) for enhancing a residential property may be approved by the approval
authority through the Site Plan review process. Artificial turf, where permitted, shall
comply with the following criteria:
1. Artificial turf shall have a minimum eight-year "no fade"warranty.
2. Artificial turf shall be installed by a licensed professional and shall be installed
pursuant to manufacturer's requirements.
3. Artificial turf shall be installed and maintained to effectively simulate the
appearance of a well-maintained lawn. The turf shall be maintained in a green
fadeless condition and shall be maintained free of weeds, debris, tears, holes,
and depressions.
4. The use of poor quality indoor and/or outdoor plastic or nylon carpeting (at a
quality of material that does not simulate the appearance of a well-maintained
lawn as determined by the Community Development Department) as a
replacement of artificial turf or natural turf is prohibited.
5. Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included
within the overall landscape design within the front, side, and rear yards, as well
as common areas when installing artificial turf.
6. Artificial turf shall be separated from planters by a concrete mow strip, bender
board, or other barrier acceptable to the City in order to prevent intrusion of living
plant material into the artificial turf.
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
E. Xeriscape. Xeriscape is a landscaping method, devoted to water conservation that
uses a combination of decorative rock features and drought tolerant plants in the
overall landscape project. The City considers Xeriscape as an alternative option to
conventional landscaping.
Applicants proposing Xeriscape as part of their landscaping project should present a
conceptual plan to the Community Development Department for a preliminary review.
The use of a visual conceptual design is encouraged.
The conceptual plan should include, but not be limited to:
1. Area and design plan showing the major elements of the project (main
structure, drive ways, sidewalks, parking lot, trees and otherflora features,
at cetera).
2. Planting plan and plant palette.
3. Soil amendment information.
4. Irrigation plan, layout, and components.
5. Natural or engineered rock/tree features.
Applicants proposing Xeriscape as part of their landscape project should contact the City's
Community Development Department for more information. Applicants should note that Xeriscape
is not a substitute for a landscaping plan.
TABLE 9.86.070-1 TREES REQUIRED IN RESIDENTIAL ZONES
+i+ i.i+nl :''f^:n nn +I III I' I i}hVp�l'll IJ if+V `, 17 3 t�' li�'� I, + 4 � if I {
'IEatUe/'g.nSlt Ir�+}I���tIPIIItJ� t�bhlll',Il lljfl�I,Ilyd :..Llii�'(�,�i�l�il:;lltl��lil M1 ..2� I111111i'ili,. �I ? I�,;�p1 �INlHi:i`I;;,,jj 11+iiI'ir.
I�I+Od1111ifl1�llfL'{91,�1 AIVkikll9[1 nrlil,+,.tl+Iitliii,I,iVI d9t'i a�;F"l lu�iil+�i61i+ �i��+(I VI III�ItV1111I1111{�I+itvt�i,," l� , 1l,ll� In l�ll'I'?�n IIVi�{1�+M��Ia�. 1l��il+J�'Il�.II+II!IiI
Number of trees/gross acre 10 45 60 60
Percentage of 48-inch box or larger trees 0 0 5% 10%
Percentage of 36-inch box trees 0 10% 5% 100/1
Percentage of 24-inch box trees 0 10% 20% 100/1
Percentage of 15-gallon trees 100% 80% 70% 70%
Section 9.86.080 Removal and Replacement of Required Landscaping
Plant material removed from a project in which the Community Development Department has
approved the landscape plan shall be replaced with the following replacement sizes: shrubs—five
(5) gallon size; ground cover — flats. Size of replacement trees shall be determined by the
Community Development Department based on the conditions of the property. Trees removed or
severely and improperly trimmed shall be replaced with an appropriately sized tree as determined
by the Community Development Department.
Section 9.86.090 Maintenance Requirements and Violations
A. Maintenance. Landscaping, including Xeriscape, shall be maintained in a neat and healthy
condition. Maintenance of landscaping areas shall include, but not be limited to, the
following:
1. All landscaped areas shall be maintained in a clean, weed free and disease free
manner at all times. Property owners/tenants shall periodically inspect their
property to assure that all plants are live and healthy, that irrigation systems, control
devices and timers are functioning properly and remain properly installed, that dead
or dying plants are replaced and that all areas utilizing mulch, decorative rock or
other aesthetic treatments are consistent with the plans originally installed,
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
inspected and approved by the City.
2. Irrigation equipment (controllers, valves, piping, electronics, etc.) shall be in good
working condition in accordance with City landscape standards at all times.
3. Litter shall be removed from all landscaped areas in a timely manner.
4. Lawn areas shall be mowed on a regular basis. Lawn areas shall be kept green in
accordance with seasonal variations. Accumulation of leaves, bark and other
similar plant materials shall be removed in a timely fashion. Planting areas shall be
weed-free.
5. Landscaping maintenance, including Xeriscape, shall include pruning, cultivating,
weeding, fertilizing, mowing, replacement of dead and diseased plants, and
watering on a regular basis.
6. Landscape maintenance, including Xeriscape, shall also include pruning or removal
of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats,
vermin or other nuisances, or that causes an eyesore detriment to neighboring
properties or property.
7. Landscape maintenance, including Xeriscape, shall also include the removal of
trees that pose a safety hazard; trees that are dead, decayed, or diseased; weeds
and debris constituting unsightly appearance, present a danger to public safety and
welfare or that cause an eyesore detriment to neighboring properties or property
values. Compliance shall be achieved by removal, replacement, or adhering to the
prescribed maintenance requirements.
8. Any removal of mature landscaping must be replaced with landscaping of similar
size and maturity as that which was removed unless otherwise approved by the
Community Development Department.
B. Prohibition on Use of Landscaped Areas. Use of landscaped areas for purposes other
than for landscaping as approved in the landscape plan or as an approved amenity by the
approval authority is prohibited.
C. Delegation. The City may delegate to, or enter into a contract with, a local agency to
implement, administer, and/or enforce the requirements of this Chapter on behalf of the
City.
Section 9.86.100 Park Development Design Plans
A. When a park project, public or private, is required by this Chapter, that project shall be
submitted, reviewed and approved as detailed within the Park Development Design
Guidelines adopted by Planning Commission Resolution, as may be amended from time
to time. In addition, such developments are required to comply with provisions within
Chapter 9.88 "Landscaping and Water Efficiency' of this Article.
B. As detailed within the Park Development Design Guidelines, all park project submissions
shall include information addressing the following:
1. Site Project Planning
2. Grading and Drainage
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
3. Paving, Walkways and Mow Curbs
4. Trails
5. Fencing and Walls
6. Parking Areas
7. Trash Enclosures
8. Site Furniture
9. Signs (warning signs, rules of conduct, hours of operation, etc.)
10. Playgrounds and Equipment (Tot Lots)
11. Prefabricated Picnic Shelters
12. Sports Courts
13. Multi-Purpose Fields (Softball and Soccer Turf Areas)
14. Site and Sports Field Lighting
15, Irrigation
16. Planting
17, Synthetic Turf
18. Requirements and Standards for All Buildings
19. Operations and Maintenance Schedule for All Site Improvements
20. Comfort Stations
21. Pet Waste Stations
22. Recreation Centers
23. Aquatics Facilities
24. Graffiti Protection
Section 9.86.110 Tree Preservation Regulations
The following general provisions shall apply to tree removal in an effort to preserve other trees
which are in good health and which do not pose a safety threat.
A. Trees Overhanging a Street. Pruning of branches is required so that branches shall
not significantly obstruct a streetlight or the view of a street intersection. There shall
be a clear space of fourteen feet six inches (14' 6") above the surface of the street
and eight (8) feet above the sidewalk. The owner shall remove all dead, diseased, or
dangerous trees or portions of trees with broken or decayed limbs which may pose a
threat to public safety.
B. Nuisance Trees. The following trees may be considered a nuisance by the City and
are required to be either pruned or removed:
1. Any tree that interferes with proper traffic sight distances, or the visibility of
any traffic-control device or sign.
2. A tree which poses a hazard to life and property or harbor harmful insect(s),
fungi, or disease(s) which may pose a threat to other trees within the City.
3. A tree, due to its overall growth, location or root expansion, may negatively
impact sewers, power lines, gas lines, waterlines, paved walkways, roadways,
curbs or other public improvements.
4. A tree which presents a risk of damage to public facilities, paved walkways
and curbs or is in violation of the Americans with Disabilities Act.
C. Credit for Tree Preservation. Where new tree installation is required by this
Chapter, the following incentive to preserve existing trees shall be allowed. Existing
healthy trees, with a six (6) inch or larger trunk diameter measure at four(4) feet from
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
the surrounding grade shall be replaced on a three-to-one ratio if removed in addition
to any other new tree installation required. Existing healthy trees, with a six (6) inch
or larger trunk diameter measure at four (4) feet from the surrounding grade which
are retained on site shall be credited towards the tree installation requirements of this
Chapter on a one-to-two ratio (one tree saved equals a two tree credit towards the
installation of new trees required).
D. Conflict Between Structures and Protected Trees. In case of a conflict between
the proposed structure location and a protected tree, all reasonable alternatives shall
be considered for revising the location of the structure prior to removal of a heritage
tree, protected tree or trees.
E. Use of Explosives. Persons engaged in felling or removing trees, and desirous of
using explosives for this purpose within the City limits, shall obtain approval to use
explosives from the Building and Safety Department and Fire Department. The
approval shall be noted on the Tree Removal Permit prior to issuance of same by the
Community Development Department or Planning Commission. Additionally, the
applicant shall furnish a bond for the protection of surrounding property from any
possible damage which might result from demolition activity.
F. Harming Parkway Trees. It is unlawful for any person or entity to willfully and
intentionally destroy, deface or injure a parkway tree.
G. Physical Damage.
1. No person shall construct or cause to be constructed any private hardscape
improvement which prevents the free access of water to the root zone of a
parkway tree without prior approval of the Community Services Department
and/or Public Works Department.
2. The construction, installation, or placement of any object or barrier which infringes
upon the root crown of a parkway tree is prohibited without prior approval of the
Community Services Department and/or Public Works Department.
3. Any mechanical damage to the root crown on any parkway tree which results in
girdling of the cambium layer is prohibited.
H. Weakening. Ivy or climbing vines growing adjacent to a parkway tree shall be
maintained away from the trunk and canopy of the tree by the property owner.
I. Tree Protection. Parkway trees shall be sufficiently shielded to prevent injury during
any repair, alteration or removal of a house or structure. Protection shall include, but
not be limited to, chain-link fencing, staking, etc.
J. Root Protection When Trenching. During construction where trenching around
parkway trees is necessary, the pathway of the trench shall be dug making every
reasonable effort to avoid the tree's drip line. In those cases where an alternative
trenching route is not possible, tunneling under woody roots rather than cutting such
roots shall be preferable to preserve roots two inches or greater in diameter. When
roots must be cut, sharp saws shall be used to make clean, non-frayed cuts.
K. Topping prohibited. Topping is prohibited, except as deemed necessary by the
City's qualified tree care specialist.
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
L. Clearance requirement of trees. All parkway trees shall be kept trimmed, to a
minimum vertical clearance of fourteen feet six inches (14' 6") over the street.
M. Trees on private property. Trees growing on private property which overhang the
street or sidewalk shall be trimmed so that they vertically clear the sidewalk by eight
(8) feet or more. The trees must vertically clear the street by fourteen feet six inches
(14' 6") or more. It is the responsibility of the property owner on whose property trees
are standing to conduct this trimming.
N. Trimming by contiguous property owner. A property owner who wishes to trim a
tree(s) in the street right-of-way or parkway abutting his/her property must first obtain
a permit from the Public Works Department, and then have such work performed by
a licensed, bonded company from a list approved by the Community services and
Public Works Departments. A property owner who wishes to trim a tree(s) in a public
park, public open space or City trail area abutting his/her property must first obtain a
permit from the Community Services Department, and then have such work
performed by a licensed, bonded company from a list approved by the Community
services and Public Works Departments.
O. Removal by contiguous property owner. The Parks, Recreation and Trails
Commission shall review and decide upon any request of a private property owner to
remove a tree, bush or other significant plant material within a street right-of-way or
parkway. The Park, Recreation and Trails Commission shall review and decide upon
any request of a private property owner to remove a tree, bush or other significant
plant material within a public park, public open space or City trail area.
P. Plants in parkway. The property owner whose property abuts the sidewalk or
parkway in which their plants or shrubs are growing shall keep such plants or shrubs
trimmed three (3) inches back of the curb or sidewalk line, and to a height of not to
exceed thirty (30) inches.
Q. Plants along property line. The property owner on whose property hedges or
shrubs are growing shall keep such hedges or shrubs trimmed so that no part of them
will project over the sidewalk.
R. City trimming on private property. The City may not trim trees that overhang from
one private property to another.
S. Qualifications of tree care companies. All tree-care companies contracted by the
City shall employ at least one ISA (International Society of Arboriculture) Certified
Arborist to supervise all work performed on behalf of the City. All tree-care companies
contracted by the City shall employ ISA Certified Tree Workers,
T. Cost of parkway tree replacement. In cases where parkway tree removal and
replacement is necessary because of conditions and events caused by the property
owner, the property owner shall be charged for replacement.
U. Street tree planting. All street tree plantings shall be approved by the Community
Services Department and/or Public Works Department as to species, location and
method of planting. The tree must be inspected by the City's qualified tree care
specialist.
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
V. Proximity to intersections. No person shall plant or maintain any tree or shrub,
mature or immature, which impedes sight distance visibility at street intersections.
W. Thorn bearing plants in parkways. No person shall plant ivy, shrub or any flora that
have thorns or spiny extensions.
X. Method of planting. No person otherthan the property owner or designee shall plant
trees in parkways adjacent to their property. The property owner may plant trees in
the parkway abutting his/her own property provided the trees are contained on the
City's list of approved street trees and are approved by the Community Services
Department and/or Public Works Department. Tree and shrub planting must be done
in accordance with the instructions of the Community Services Department and/or
Public Works Department.
Section 9.86.120 Tree Replacement
A. Heritage tree removal will require replacement with the largest nursery-grown tree(s)
available as determined by the Community Development Department or Planning
Commission. Heritage tree relocation to another location on the site is the preferred
alternative to replacement subject to a written report by a landscape architect or ISA
certified arborist on the feasibility of transplanting a heritage tree.
B. To assist the Community Development Department or Planning Commission in
making a determination, the applicant for a Tree Removal Permit may be required to
submit an independent appraisal prepared by an horticulturist, ISA certified arborist,
or licensed landscape architect to determine the replacement value of the tree(s) to
be removed. The appraisal shall be based upon the most recent edition of the "Guide
for Establishing Values of Trees and Other Plants," prepared by the Council of Tree
Landscape Appraisers.
Section 9.86.130 Protection of Existing Trees
Care shall be exercised by all individuals, developers and contractors working near preserved trees
so that no damage occurs to such trees. Construction projects shall preserve and protect the health
of trees remaining on development sites, relocated trees, and new trees planted to replace those
removed in accordance with the following measures:
A. All trees to be saved shall be enclosed by an appropriate construction barrier, such
as chain-link fence or other means, prior to the issuance of a Grading Permit, Building
Permit, or before commencement of work, whichever occurs first. Fences are to
remain in place during all phases of construction and may not be removed until
construction is complete.
B. No substantial disruption or removal of the structural or absorptive roots of any tree
shall be performed.
C. No fill material shall be placed within six (6) feet from the outer trunk circumference
of any tree.
D. No fill materials shall be placed nor excavation occur within the drip line of any tree.
This is a guideline and is subject to modification to meet the needs of individual tree
species as determined by an ISA certified arborist or landscape architect.
i
E. No substantial compaction of the soil within the drip line of any tree shall be
19
Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
undertaken.
FIGURE 9.86.130-1 TREE DRIP LINE
I �2
Q0
T-- Drip Line
I l
1,1111,11 N
I j
r i
No fill materials shall be placed
within the drip line of any tree
F. No construction, including structures and walls, that disrupts the root system shall be
permitted. As a guideline, no cutting of roots should occur within a distance equal to
three and one-half times the trunk diameter, as measured at four (4) feet from the
surrounding grade. Actual setback may vary to meet the needs of individual tree
species as determined by an ISA certified arborist or landscape architect. Where
some root removal is necessary, the tree crown may require thinning to prevent wind
damage.
G. The Community Development Department may impose such additional measures
determined necessary to preserve and protect the health of the remaining trees,
relocated trees, and new trees planted to replace those removed.
Section 9.86.140 Tree Maintenance
A. The maintenance of trees on private or homeowner-owned property shall be the
responsibility of the owner or owners of those properties.
B. All trees on public and private property, within all zoning districts shall be maintained
in accordance with industry standards and in accordance with the International Society
of Arboriculture or ANSI A 300 tree care standards.
C. Builders shall be required to prune, treat, and maintain existing trees and plant new
ones in such a fashion that when the trees come under the purview of the City,
association, or private property, the trees will be free of damage, pests, diseases, and
dead branches. The trees shall be in good biological and aesthetic condition upon
acceptance.
i
Section 9.86.150 Water Efficient Landscaping
All landscaping shall conform to the requirements and criteria of Chapter 9.88 "Landscaping and
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
Water Efficiency" of this Article and to the provisions and requirements of the Section 3"Landscape
Water Conservation" of the "Landscape Standards" Guidelines adopted by Planning Commission
Resolution. "Landscape Water Conservation" methods are encouraged where possible and
appropriate to conserve limited water resources.
Section 9.86.160 Violations
A. It is unlawful for any person to cause or permit any tree or shrub to be planted,
maintained or removed in violation of the provisions of this Chapter.
B. Persons or entities who violate sections of this Chapter may be found guilty of an
infraction, or otherwise, as a misdemeanor as determined by legal action.
C. If the Community Services Director and/or Public Works Director find a violation of a
section of this title, he/she shall, in writing, notify the responsible party of the violation.
The responsible party shall be informed how the violation is to be corrected. The
Community Services Department and/or Public Works Department may cause the
violation to be abated if after fifteen (15) business days, the cause for the violation has
not been corrected as directed. The responsible party will be charged in accordance
with the provisions of Title 1 Chapter 1.03 of the Menifee Municipal Code.
Section 9.86.170 Appeals
A. Final Disposition. Any property owner may appeal a decision of the Public Works
Department or a decision of the Community Services Department to the Parks,
Recreation and Trails Commission for final disposition pertaining to any finding,
violation, or other matter related to this Chapter.
The appeal must be made in writing and filed with the City Clerk within fifteen (15)
days following notice of decision of the Community Services Department and/or Public
Works Department. The appeal shall state the grounds for the appeal. The City Clerk
shall, upon receipt of the appeal, set the matter for hearing before the Parks,
Recreation and Trails Commission not less than fifteen (15) days but no more than
sixty (60) days following the filing of the appeal. The City Clerk shall give not less than
ten (10) days written notice to the appellant and the owner of the affected property of
the time and place of the public hearing by United States Mail or by personal delivery
as such owner is shown on the latest assessment roll of Riverside County.
The failure of any person to receive said notice shall not affect the validity of any
proceedings under this chapter. Appeals of violations can be appealed pursuant to
Title 1 Chapter 1.03.070 of the Menifee Municipal Code. Recoverable and applicable
administrative citations fines and costs may be collected pursuant to Title 1 Chapter
1.03.130 of the Menifee Municipal Code.
B. Objections-Notice-Hearing. Should the request of a property owner to remove a tree,
bush or other significant plant material within the public right-of-way or parkway or
plant material within a public park, public open space or trail area be denied, and such
property owner wishes to appeal this decision, the appellant shall deposit, with the
written appeal, a sum of money sufficient to cover the cost of the City Clerk having to
published twice in the local newspaper a notice of the intention to "kill, cut down or
remove" a City owned tree.
The notice shall state the name of the applicant, the location of the tree and a
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
statement to the effect that any person objecting to such removal must, in writing,
notify the Community Services Department and/or Public Works Department of their
objection and the reasons therefore. When the appeal fees and information is
received by the City Clerk, he/she shall cause notice to be published twice in a local
weekly newspaper of general circulation in the City.
At the time and place of the hearing, the Parks, Recreation and Trails Commission
shall hear and consider all relevant evidence and information including, but not limited
to,the report of the Community Services Department and/or Public Works Department
and testimony, written or oral, relative to the tree, bush or other significant plant
material within the public right-of-way or parkway or plant material within a public park,
public open space or trail area requested for removal.
The Appeal Hearing may be continued from time to time. Upon the conclusion of the
public hearing, the Parks, Recreation and Trails Commission shall, on the basis of the
evidence presented at the hearing, determine whether the tree, bush or other
significant plant material within the public right-of-way or parkway or plant material
within a public park, public open space or trail area should be removed. If the Parks,
Recreation and Trails Commission finds that the tree, bush or other significant plant
material within the public right-of-way or parkway or plant material within a public park,
public open space or trail area should be removed, it shall, by resolution, require
removal by the City in a reasonable time to be set forth in the resolution. The
determination of the Parks, Recreation and Trails Commission may be appealed to
the City Council on forms available within the City Clerk's office."
Section 5. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Ordinance.
Section 6. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption by the City Council.
Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or the application thereof to any person or circumstance is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
declares that it would have adopted this Ordinance, and each section, subsection, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion thereof be declared invalid or unconstitutional.
Section 16. City Clerk Action. The City Clerk of the City of Menifee is authorized and
directed to cause this Ordinance to be published within fifteen (15) days after its passage in a
newspaper of general circulation and circulated within the City in accordance with Government
Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law
using the alternative summary and posting procedure authorized under Government Code
Section 36933(c).
This Ordinance was introduced and read on the 1s'day of it, 01 and PASSED, APPROVED
AND ADOPTED THIS 15'h day of April, 2015.
Scott A. Mann, Mayor
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Ordinance No. 2015-167
Park Design, Landscaping and Tree Preservation
Approved as to form:
Je T. etching, Cityt rney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2015-167 to be the original ordinance adopted by the City Council of the City of
Menifee on April 15, 2015 and that said Ordinance was published in accordance with the law on
a vote as follow:
Date: April 15, 2015
Kathy Bennett, City Clerk
Vote:
Ayes: August, Denver, Edgerton, Liesemeyer, Mann
Noes: None
Abstain: None
Absent: None
23