Ordinance No. 895139
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING SECTION 23 "LANDSCAPING" OF APPENDIX I "ZONING"
OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE FOR THE USE OF
DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION
MEASURES PERTAINING TO LANDSCAPE AND IRRIGATION PURPOSES.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
follows:
SECTION I. The City Council of the City of Cypress finds and declares as
Cypress is located in Southern California, a semi -arid region; and
Water conservation is a viable means of responding to water depletion
affecting Southern California, including use of drought tolerant vegetation to reduce the
dependency on the water supply and provide effective drought planning; and
The City's current landscape and irrigation standards do not address drought
tolerant vegetation, drought- related measures and green waste -to -mulch programs; and
Drought tolerant plant material is acclimated to semi -arid environments,
thereby reducing water demands, and
Use of drought tolerant ground covers and mulch in landscape planters
further minimize water needs, weeds and erosion; and
Providing areas for mulch also reduces the amount of green waste that would
otherwise be landfilled; and
The State Legislature has created the Water Conservation in Landscaping
Act which requires local agencies to adopt a water efficient landscape ordinance by
January 1, 1993, or comply with and enforce the "model water efficient landscape
ordinance" prepared by the State Department of Water Resources;
ACCORDINGLY, the City Council of the City of Cypress hereby amends
APPENDIX I "Zoning" of the Cypress City Code as hereinafter set forth:
SECTION U. Section 23 of Appendix I of the Cypress City Code is hereby
added to read as follows:
Section 23. LANDSCAPING
Section 23.0. Purpose.
It is the intent of this article to offer as much latitude as possible when
designing required landscaping and irrigation. Water conservation measures shall
be addressed through the landscape and irrigation design. Sustainable landscapes
are encouraged through actions that conserve, recycle and reuse the resources which
are invested in landscapes. Applicants are encouraged to take full advantage of the
wide range of drought tolerant landscape materials and low water flow irrigation
systems available within the framework established by these guidelines.
Section 23.1 Definitions
For the purpose of this section, certain words, phrases, and terms herein shall
have the following meanings:
A. Drought tolerant plant material shall mean those plants that tolerate
heavy clay to sandy soils with use of limited supplemental water. Said
plants are able to thrive with deep, infrequent watering once their
root systems are established (3 -12 month average time period). Plants
include those that naturally grow in areas of limited natural water
supply (native and non - native plant species) and are adaptable to
weather and soil conditions prevalent in Cypress.
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B. Low water flow irrigation shall mean system of watering plant material
using drip /trickle, reduced water emitting devices, low precipitation
heads, soaker lines, or other similar mechanisms, which restricts the
amount of water in gallons per minute to allow for deep percolation
into the soil. The low water flow irrigation system, combined with
watering practices outlined in this article, will reduce water loss
through evaporation, wind drift, and overwatering.
C. Mulch shall mean shredded or chipped wood from tree branches and
trunks and from uncontaminated wood products or lumber; this
material is often mixed with leaves and grass clippings for optimal
effect.
Section 23.2 General provisions.
A. Landscape and irrigation plans shall be required (except in the
RS 6,000 and RS 15,000 Zones) for all projects requiring approval by
the Design Review Committee, City Council, or for all City - initiated
projects. Said plans shall be submitted to the Planning Department
for review and approval by the Design Review Committee. Irrigation
plans shall also be reviewed and approved by the City Engineer. Said
plans shall be prepared in accordance with requirements and
standards established in the City of Cypress Zoning Ordinance,
Section 18 Design Review, and pursuant to this article. A11 unpaved
areas shall be planted with an effective combination of trees,
groundcover, lawn, shrubbery and /or approved dry landscape
materials.
B. When the provisions of this article conflict with other sections of the
Cypress City Code, the more stringent shall apply.
C. Any modification to an approved landscape or irrigation plan must be
approved by the Design Review Committee prior to installation of
said landscaping or irrigation.
D. All approvals of said plans are subject to and dependent upon the
applicant complying with all applicable ordinances, codes, regulations,
adopted policies, and the payment of all applicable fees and
assessments.
E. No final inspection or occupancy clearance will be granted until all of
the landscaping and irrigation is installed in accordance with the
approved plans.
F. Landscaping and irrigation systems shall be located, designed, and
maintained as specified on the approved plans.
G. Landscaping which is a part of a registered historical site, park, or golf
course facility, as well as landscaping and irrigation systems for
cemeteries may be exempted from the provisions of this Article, when
deemed necessary and appropriate by the Design Review Committee.
Section 23.3 Irrigation requirements.
A. All landscaped areas shall be provided with an approved irrigation
system. Landscaped areas shall be provided with an automatically
time- controlled sprinkler system when the site is zoned commercial or
industrial, or when the site is zoned multiple- family residential and
permits more than three (3) dwelling units.
B. Irrigation system shall consist of underground piped water lines with
low water flow sprinklers and /or a drip or trickle irrigation system.
The system chosen shall be designed to provide adequate coverage to
all plant material, existing and proposed. Water meter and line sizes
shall be calculated from total water demand which should be, at least,
the sum of the maximum irrigation demand and all building demand.
Due to varying irrigation requirements, separate control valves and /or
sprinkler /emitter heads shall be used when shrubs and turf are
proposed on the same landscape plan. The irrigation system shall be
equipped with check valves to prevent low head drainage. The
irrigation system shall be designed so that overspray and runoff onto
streets, sidewalks, structures, windows, walls and fences is minimized.
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Landscaped areas should be watered between 10 p.m. and 6 a.m. to
provide maximum benefit to the plant material and to reduce
unnecessary water loss through drift and evaporation.
C. Landscaped areas shall be provided with at least one (1)
automatically- controlled timer. Such timer shall have, at a minimum,
a battery backup feature, a rain shut -off feature, a fourteen -day
calendar, and multiple programming for each station.
D. Irrigation systems for projects one (1) acre or more in area shall use
reclaimed water whenever such water is available to the site. Such
systems shall be subject to appropriate health standards.
Recirculating water shall be used for any decorative water features.
Section 23.4 Landscaping requirements.
A. All required landscaped areas, including landscaped areas within
parking lots, shall consist of drought tolerant plant material.
Landscaping within parking lots shall meet the minimum
requirements of Section 14 of the City of Cypress Zoning Ordinance,
and subsections L., M., and N. of this Section. All other required
landscape areas shall meet the following minimum requirements:
1. One (minimum fifteen - gallon) tree shall be provided for every
two hundred (200) square feet of landscaped area. Twenty
per cent of the required trees shall be twenty -four (24)
inch box minimum. The number of required trees may be
reduced by the Planning Director when it is determined that an
alternative design will meet the intent of subsection D., E., and
F. of this Section. All trees shall be staked in accordance with
standards maintained by the Public Works Department.
2. One shrub shall be provided for every twenty -five (25) square
feet of landscaped area. Fifty (50) per cent of the required
shrubs shall be a minimum of five (5) gallons. The number of
required shrubs may be reduced by the Planning Director
when it is determined that an alternative design will meet the
intent of subsections D., E., and F. of this Section.
3. At least fifty (50) percent of all landscaped areas containing
trees and shrubs shall be underplanted with groundcover, with
the remaining areas to incorporate a minimum two inch (2 ")
layer of mulch. Groundcover shall be approved by the
Planning Department.
4. Turf incorporated into the landscape design shall not
constitute more than twenty -five (25) percent of the total
landscaping area. The Planning Department may, however,
approve a landscape plan incorporating up to fifty (50) percent
turf area, providing the turf area serves a usable and beneficial
purpose, such as active recreation. Said turf shall be of a
drought tolerant variety.
B. All required setbacks abutting a public right -of -way shall be
landscaped (except for walks and driveways which provide access from
a public right -of -way).
C. The Planning Director may require landscaping in excess of the
minimum area specified for a proposed development, provided that
the additional landscaping is necessary to:
1. Screen adjacent uses from parking areas, activities, storage or
structures that could cause a negative impact on adjacent uses
based on aesthetics, noise, odors, etc.; or
2. Provide landscaping that is compatible with neighboring uses.
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D. Each landscape plan shall be compatible with the shape and
topography of the site and the architectural characteristics of the
structure(s) on the site. Each landscape plan shall be compatible with
the character of adjacent landscaping; provided, the quality of the
adjacent landscaping meets the standard of these guidelines.
However;, it is not the intent of this section to require the use of
identical plant materials or landscape designs. Where existing mature
landscaping is in good, healthful condition, an effort shall be made to
retain and to incorporate said landscaping into the overall landscape
theme.
E. Each landscape plan shall illustrate a concern for design elements
such as balance, scale, texture, form and unity.
F. Each landscape plan shall address the functional aspects of
landscaping such as grading, drainage, minimal runoff, erosion
prevention, wind barriers, provisions for shade and reduction of glare.
Each landscape plan shall demonstrate a concern for solar access,
including exposure and shading of window areas.
G. The plant material selected shall be suitable for the given soil and
climate conditions. Plant selection shall take into consideration water
conservation through appropriate use and groupings of plants that are
well adapted to particular sites and to particular watering needs,
climatic, geological or topographical conditions.
H. Landscaping shall be used to relieve solid, unbroken elevations and to
soften continuous wall expanses.
I. Materials such as crushed rock, redwood chips, pebbles and stone are
not satisfactory substitutes for live plant materials although their
limited use may be approved by the Planning Director. Mulch may be
used to fulfill part of the groundcover requirement as noted in Section
23.4(1)(c) of this Article. Artificial plants are not acceptable.
J. Landscaping shall be maintained in an orderly and healthy condition.
This shall include proper pruning, mowing of lawns, weeding, removal
of litter, fertilizing, replacement of plants when necessary, and
application of appropriate quantities of water to all landscaped areas.
In addition, landscape maintenance practices which foster long -term
landscape water conservation shall be employed. Said practices may
include, but not be limited to, performing routine irrigation system
repair and adjustments, scheduling irrigation based on CIMIS
(California Irrigation Management Information System), use of
moisture - sensing or rain shut -off devices, conducting water audits and
prescribing the amount of water applied per landscaped acre.
K. Landscaping may be required to screen storage areas, trash
enclosures, parking areas, public utilities, highways, and other similar
land uses or elements which do not contribute to the enhancement of
the surrounding area. Where plants are required for screening, such
screening shall consist of the use of evergreen shrubs (minimum five
(5) gallons), and /or trees closely spaced to encourage growth into a
continuous screen.
L. Perimeter landscaping adjacent to the property lines is encouraged in
parking areas. Planter area curbs may be used in place of wheel stops,
as noted in Section 14.4.3 of the City of Cypress Zoning Ordinance.
M. All landscaping shall be separated from parking and vehicular
circulation areas by a raised, continuous six-inch (6 ") Portland cement
concrete curb. Other materials which accomplish the same purpose
may be approved by the Planning Director.
N. Landscaping within the interior of parking areas shall be provided in
accordance with the requirements of the underlying zone and Section
14 of the City of Cypress Zoning Ordinance, with reference to off -
street parking requirements.
O. Mulch used as a groundcover shall maintain a consistent two inch (2 ")
minimum layer and provide complete coverage under shrubs.
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SECTION III. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, 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 hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION IV The City Clerk is hereby authorized and directed to certify as
to the passage of this Ordinance and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on
the 25th day of January 1993 and finally adopted and order posted at a regular meeting held
on the 8th day of February 1993.
Af1'EST:
CITY CL O aI4PRESS
MAYOR OF THE CITY)Oia' CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 8th day of February 1993 by the following roll call
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Uc 7 A 1')/7/0')
0
0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
5
Age, Bowman, Nicholson, Partin
and Kerry
None
None
None
CI CLERK F THE CITY OF CYPRESS