Ordinance 3049CITY OF ALAMEDA ORDINANCE NO. 3049
New Series
AMENDING SECTIONS 30 -58, 30 -59, and 30 -60 OF THE
ALAMEDA MUNICIPAL CODE TO ADOPT NEW BAY FRIENDLY
LANDSCAPING REQUIREMENTS FOR MAJOR NEW AND
REHABILITATION LANDSCAPING PROJECTS
BE IT ORDAINED by the City Council of the City of Alameda that:
Findings.
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The
proposed zoning text amendments are consistent with the policies of the
General Plan. Chapter 5 of the General Plan, entitled "Open Space and
Conservation" states that "The Conservation Element is oriented toward the
management of natural resources to prevent waste, destruction or neglect.
The Open Space Element, emphasizes open space as a land use and
requires that preservation and management of natural resources be
considered in land use planning and decision - making." The proposed
amendments will integrate Article IV Landscape Requirements with the Bay
Friendly Landscape Basic practices and thereby achieve policies outlined
within the Open Space and Conservation Element of the General Plan
including:
Policy 5.1.h Continue to support EBMUD in its efforts to promote and
implement water conservation measures.
Policy 5.1.i Encourage the use of drought- resistant landscaping.
Policy 5.1.z Develop a comprehensive City Water Conservation Ordinance
that recognizes Alameda's unique climate, soil conditions, and development
patterns.
Policy 5.1.aa Review proposed development projects for both water and
energy efficiency, and integrate plans for the use of reclaimed wastewater for
landscaping as a condition of approval.
2. The amendments will support the general welfare of the
community. The proposed zoning text amendments are consistent with the
City of Alameda Local Action Plan for Climate Change. By requiring Bay
Friendly landscape improvements, the City will be working to reduce green
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house gas emissions and combat climate change. As an island community,
Alameda is uniquely sensitive to the hazards of climate change and sea level
rise.
3. The amendments are equitable. The proposed zoning amendment
is equitable in that it imposes landscaping requirements on covered projects.
Installation of Bay Friendly landscaping has been shown to reduce long term
maintain costs and reduce energy and water use and costs. For these
reasons, the new requirements will not impose an undue burden on affected
property owners.
4. The proposed amendment to the Municipal Code is Categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 Minor Alterations in Land Use Limitations.
Section 1. Section 30 -60 Bay Friendly Landscaping
Requirements for New City Landscaping Projects, City Renovation Projects,
and Public Private Partnership Projects shall be deleted in its entirety.
Section 2. Section 30 -58 (Water Conservation Landscaping
Requirements), and Section 30 -59 (Guidelines), shall be amended to read as
follows. Additions are shown as underlined and deletions are shown as
strikethrough.
Article IV- WATER CONSERVATION AND BAY FRIENDLY
LANDSCAPING
30 -58.1- Purpose.
The purpose of this article shall be:
a. To promote quality, water - efficient landscaping, while recognizing
Alameda's unique climate, soil conditions, and development patterns.
b. To support Municipal Utilities District (EBMUD) in its efforts to promote
and implement water conservation measures.
c. To implement the new landscape design requirements of the Water
Conservation Act of 2006 (AB 1881) and to establish standards for
sustainable landscape practices in accord with the current version of the
StopWaste.Org Bay Friendly Landscape protocols.
30 -58.2 - Definitions.
a. Bay - Friendly Landscape Guidelines means the most recent version of
guidelines developed by StopWaste.Orq for use in the professional design,
construction and maintenance of Landscapes. City staff shall maintain the
most recent version of the Bay - Friendly Landscape Guidelines at all times.
b. Bay - Friendly Landscaping scorecard means the most recent version of
the Bay - Friendly Landscaping points system developed by StopWaste.Org.
City staff shall maintain the most recent version of the Bay - Friendly
Landscaping scorecard in the planning and building department at all times.
c. "Covered Project" means: 1.) new or rehabilitated commercial, industrial
and developer installed residential landscapes over twenty -five hundred
(2,500) square feet, 2) all new or rehabilitated residential landscapes over five
thousand (5,000) square feet, and 3) all new landscaping projects or
renovations of landscapes that are either owned or maintained by the city or
developed as a public - private partnership that equals or exceeds one
hundred thousand ($100,000.00) dollars (in 2009 dollars) in construction
costs and adjusted annually to reflect changes in the San Francisco Bay Area
Construction Cost Index published in Engineering News Record Magazine.
d. Landscape means the parcel area less the building pad and includes all
planted areas and hardscapes (i.e. driveway, parking, paths and other paved
areas).
e. Renovation means any change, addition or modification to an existing
landscape.
30 -59 GUIDELANDS
30 -59.1 - General.
a. Landscape plans, and all plans for ornamental uses of water, including
but not limited to lakes, ponds, and fountains, shall be submitted for review as
to conformance with these requirements. Landscaping shall not be installed
until the applicant receives acceptance of the landscape plans, by the City of
Alameda Planning Department. Changes to the approved landscape plans
that affect the character of the plant material or the irrigation system design
are required to be submitted for review and approval.
b The requirements do not apply to sites or portions of sites using treated
reclaimed water, that is suitable for reuse in the landscape, subject to
approval by the County H Ith Department.
b. The provisions of this section shall not apply to sites or portions of sites
devoted to the growing of plants for human consumption, including but not
limited to fruit trees and vegetables.
c. Landscape plans for projects which are exempt from provisions of this
Chapter, may be submitted to EBMUD for evaluation of water -use efficiency
at the applicant's discretion.
30 -59.2 - Basic Requirements for All Projects.
The following provisions shall apply to all plans for ornamental uses of
water and to all landscaping plans required for approval of any permits issued
under the provisions of this chapter unless otherwise exempted through
specific provisions of this article.
a. Plant Selection.
1. At least ninety (90 %) percent of the plants selected in non -turf areas
shall be well- suited to the climate of the region and require minimal water
once established. Exceptions to this requirement may be granted in situations
where non - potable private well water is being used for irrigation purposes.
Species should be adapted to the climate which they will be planted. If plants
are given a range of water needs from "occasional to moderate" the
landscape designer must determine the water needs and indicate them on the
site plan. The applicant must submit a plant legend that identifies species,
number of plants, irrigation requirements, total number of drought tolerant
plans and total number of non -turf plants. A statement from the Landscape
Architect, Designer or Contractor verifying that the installed plants meet the
requirement must be submitted.
2. Species will be selected and plants spaced to allow them to grow to
their natural size and shape. Pruning for structural integrity and health of the
plant is permitted. In addition, plants located in a row or adjacent to buildings,
sidewalks or roads will be spaced between their minimum and maximum
mature plant spread according to a published reference plant book and still fit
into their planting area without significant overhang. Trees must meet the
spacing requirements only when adjacent to buildings, in a row or adjacent to
other vertical obstructions. Vines are not subject to spacing requirements.
Applicant shall submit a plant legend indicating plant species and mature
spread of plant and provide a statement signed by the Landscape Architect,
Designer or Contractor verifying that installed plants meet this requirement.
3. Up to ten (10 %) percent of the plants may be of a non -water efficient
variety as long as they are grouped together and can be irrigated separately.
4. Species identified by the California Invasive Plant Council as invasive in
the San Francisco Bay Area shall not be specified.
b. Turf and "Water Area" Limitations.
1. The combined turf and /or "water area" (i.e., pools, ponds and fountains)
shall be limited to twenty -five (25 %) percent of the irrigated area. or five
. Public parks, golf courses,
public and private school recreation areas, and day care recreation areas are
excluded from this turf and /or water area limitation.
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2. No turf shall be allowed in median strips, or in areas less than eight (8')
feet wide.
3. All turf areas shall be planted with predominantly drought tolerant turf
grasses defined as species that have a water requirement less than or equal
to tall fescue.
4. Re- circulating water shall be used for A11 ornamental uses of water in
the common areas of a development project, such as ponds, lakes, and
fountains, and where available recycled water shall be used. shall be
arc available.
c. Soil Conditioning and Mulching to Increase Irrigation Efficiency.
1. A minimum of four (4) cubic yards of compost per one thousand (1000)
square feet shall be incorporated into the top six (6 ") inches of soil. Compost
shall be specified as soil amendment according to the outcome of a required
soil analysis, to bring the soil organic matter content to a minimum of 3.5
percent by dry weight or one (1) inch of compost. Adding compost is waived
if the plant palette primarily includes plants that are adapted to soils with little
or no organic matter. If imported or site soil meets the organic content of 3.5
percent, the compost requirement is waived.
2. A minimum of two (2 ") three (3 ") inches of mulch shall be added in non -
turf areas to the soil surface after planting. Nonporous material shall not be
placed under the mulch. Use of recycled or green waste mulch is
encouraged. Trees identified for removal should be chipped and used on site
as mulch if on -site storage space is available.
3. Sprinklers and sprays shall not be used in areas less than eight (8')
feet wide.
4. Artificial, landscaped slopes created through berming shall not exceed a
slope of ten (10 %) percent unless approved by Design Review.
5. All plans shall specify that fifty (50) percent of landscape construction
and demolition waste by weight must be diverted from the landfill.
30 -59.3 - Additional Requirements for Larger Projects.
The following provisions shall apply to the approval of permits for all
"covered" projects: nonresidential or mixed use projccts; single parcels
developed with four (4) or more dwelling units; and projccts involving the
units.
a. All covered projects initiated on or after the effective date of this chapter
shall meet the most recent minimum Bay - Friendly Landscaping standards.
b. All covered project that are either owned or maintained by the city of
developed as a public - private partnership that equals or exceeds one
hundred thousand ($100,000.00) dollars (in 2009 dollars) in construction
costs and adjusted annually to reflect changes in the San Francisco Bay Area
Construction Cost Index published in Engineering News Record Magazine
initiated on or after the effective date of this chapter shall meet the most
recent minimum Bay - Friendly Landscape scorecard.
a-c. Irrigation Systems.
1. Irrigation systems incorporating drip, bubbler, or comparable technology
shall be used on slopes exceeding ten (10 %) percent within ten (10') feet of
hardscapes.
2. Valves and circuits shall be separated based on water use.
3. Drip or bubbler irrigation systems are required for trees. Bubblers shall
be used that do not exceed 1.5 gallons per minute per device.
4. Sprinkler heads must have matched precipitation rates within each
control valve circuit.
5. Pop -up sprinklers in lawn areas shall have at least a four (4 ") inch pop -
up height.
6. Check valves are required where elevation differences may cause low
head drainage.
7. The system shall be designed for head to head coverage, if appropriate,
and minimum runoff and over -spray onto non:irrigated areas. The irrigation
system shall be designed to place trees on separate valves from shrubs,
groundcover and turf.
8. All automatic irrigation systems shall be equipped with a controller
capable of dual or multiple programming. Controllers must have multiple cycle
start capacity and a flexible calendar program. Irrigation controls shall be set
to water before 10 a.m. or after 8 pm.
9. All irrigation systems shall be equipped with rain shut -off devices.
10. Irrigation systems for non - single family residences shall be automatic.
11. The irrigation system installer shall provide setting instructions to the
owner or occupant for the specific set of landscape plans.
12. The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions where irrigation water flows
onto non - targeted areas, such as adjacent property, non - irrigated areas,
hardscapes, roadways, or structures. Weather based irrigation controllers,
soil moisture -based controllers, shall be required for all irrigation systems.
13. In mulched planting areas, the use of low volume irrigation is required
to maximize water infiltration into the root zone.
d. Soil Conditioning and Mulching. Soil tests showing soil type, soil depth,
uniformity and pH shall be required and submitted with landscape plans. Soil
must be amended according to test recommendations.
e. Water Budget. Plans shall include a water budget that includes:
1. Estimated annual water use (in gallons).
2. Total irrigated area and total turf area (in square feet).
3. A monthly irrigation schedule for the plant establishment period and the
following year. This irrigation schedule will include the following
information for each valve.
(a) Plant type.
(b) Precipitation rate.
(c) Flow rate in gallons per minute.
(d) Run times in minutes per day.
(e) Number of watering days per week (turf- grasses should be
irrigated a maximum of once every three (3) days).
f. Compliance with the provisions of this section may be waived in unusual
circumstances where the Planning Board or City Council has, by resolution,
found and determined that the public interest would not be served by
complying with such provisions.
The following schedule shows how many inches of water tall fescue needs
will require about half the water of tall fescue.
January
February
March
0,5-inches/month
0.75 inches /month
April
1.5 inches /month
2.0 inches /month
May
June
3.5 inchcs /month
4.0 inches /month
July
August
September
October
November
TVember
D e cT
5.0 inches /month
4.5 inches /month
3,0-inches/month
1.5 inches /month
0.75 inches /month
0.5 inches /month
30 60 BAY FRIENDLY LANDSCAPING REQUIREMENTS FOR NEW CITY
LANDSCAPING PROJECTS, CITY RENOVATION PROJECTS AND
PUBLIC PRIVATE PARTNERSHIP PROJECTS
30 60 Purpose and Intent.
30 60.2 Definitions.
30 60.3 Standard For Compliance.
30 60.5 Unusual Circumstanccs.
30 60.1 Purpose and Intent.
• - -
the city itself, through the design, construction, and maintenance of its own
green alleys.
30 60.2 Definitions.
most recent version of the Bay Friendly Landscape Guidelines at all times.
b. Bay Friendly Landscaping scorecard means the most recent version of the
landscape owned or maintained by the city.
d. Covered project means all new landscaping projects or renovations of
public private partnership that equals or exceeds one hundred thousand
{$100,000.00) dollars (in 2009 dollars) in construction costs and adjusted
annually to reflect changes in the San Francisco Bay Area Construction Cost
Index published in Engineering News Record Magazine.
c. Bay Friendly Landscaping compliance official means the designated staff
h. Green infrastructure means an adaptable term used to describe an array of
products, technologies, and practices that use natural systems, or engineered
systems that mimic natural processes, to recycle stormwater runoff, filter air
gardens, and vegetated swales.
1. Initiated means officially identified and substantially funded to offset the
costs associated with the project.
planted areas and hardscapes (i.e. driveway, parking, paths and other paved
areas).
k. Public private partnership means any project built on city owned land,
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landscape.
m. Street edge alternative means the incorporation of natural drainage,
where feasible.
n. Traditional public works project means heavy construction projects such as
pump stations, flood control improvements, roads, and bridges, as well as
on City owned and /or maintained property.
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points and required practices as recommended by StopWaste.Org or its
desi
meet the threshold that triggers compliance with the requirements of this
that have been incorporated into the project.
c. The public works department shall regularly review the project
specifications used in bidding traditional public works projects to include and
{Ord. No. 2995 N.S., § 1, 6 2 09)
a. The city manager shall, within six months of ordinance adoption,
compliance with the requirements of this section, consistent with the
provisions of chapter XXX (Development Regulations) of the Alameda
Municipal Code. The initial rules and regulations shall be promulgated after
„ccuring and reviewing commcnts from affected city agencies and
ri a pa rtments
b. The rules and regulations promulgated by the city manager undcr this
section shall provide for at least the following:
1. The incorporation of the Bay Friendly Landscaping rcquircmcnts of this
chapter into the appropriate design, construction, maintenance, and
projects.
official(s) who shall have the responsibility to adminis
report to the city council regarding Bay Friendly Landscaping compliance on
all covered projects and traditional public works projects.
{Ord. No. 2995 N.S., § 1, 6 2 09)
30 60.5 Unusual Circumstances.
Compliance with the provisions of this section may be waived in unusual
circumstances where the city council has, by resolution, found and
determined that the public interest would not be served by complying with
such provisions.
{Ord. No. 2995 N.S., § 1, 6 2 09)
Section 3. Severability Clause. It is the declared intent of the City
Council of Alameda that if any section, subsection, sentence, clause, phrase,
or provision of this ordinance is held invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not be so
construed as to render invalid or unconstitutional the remaining provision of
this ordinance.
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Section 4. This ordinance shall take effect and be in full force
and effect from and after the expiration of thirty (30) days from the date of its
final passage.
Attest:
filJe
Lara Weisiger, City CIe
%%1 1, 4.ej1.Le2
Presiding Officer of the Council
I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by Council of the City of Alameda in
regular meeting assembled on the 26th day of June, 2012, by the following
vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 27th day of June, 2012.
/
Lara Weisiger, City Jerk
City of Alameda