Chapter 9.34
LANDSCAPING
Sections:
9.34.020 Minimum requirements in open space and residential zones.
9.34.030 Minimum requirements in all other zones.
9.34.040 Exemptions from requirements.
9.34.010 Applicability.
These regulations shall apply to all landscaping in the city. Where a new or renovated landscape project is subject to the State Model Water Efficient Landscape Ordinance (MWELO) (23 C.C.R. Section 490 et seq.) the requirements of the MWELO shall also apply. Where a conflict occurs between this chapter and the MWELO, the MWELO shall prevail. (Ord. 874 § 2, 2016).
9.34.020 Minimum requirements in open space and residential zones.
In all open space and residential zones, the front yard and any side yard, adjacent to a street or alley, shall be landscaped, except for the area used for driveways required by this title and walkways leading to an entry. Parkway landscaping shall comply with special requirements pursuant to BGMC 9.34.050 (Parkways).
A. Materials.
1. Live plant materials including trees, shrubs, ground covers and turf shall be incorporated into landscaped areas. Live plant materials shall include those plants listed on the city of Bell Gardens “list of recommended plants,” on file at the community development department, wherever possible.
2. The use of fountains, boulders, bridges, rock, gravel, decomposed granite, or other similar hardscape materials shall not exceed 50 percent of the total landscaped area. When hardscape is used, the remaining portion of the landscaped area not used for hardscape shall be planted with live plant materials to include a combination of ground cover, shrubs, and trees.
3. The use of artificial turf shall not exceed 50 percent of the landscaped area. The calculation of landscaped area for use of artificial turf shall exclude the parkway area. Use of artificial turf shall conform to the requirements of BGMC 9.34.080 (Artificial turf). When artificial turf is used the remaining portion of the landscaped area not used for artificial turf shall be planted with live plant materials to include a combination of ground cover, shrubs and trees.
4. Artificial turf existing prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes of 50 percent or more to an existing artificial turf installation, with the exception of repairs, shall conform to the requirements of BGMC 9.34.080 (Artificial turf). (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.010).
9.34.030 Minimum requirements in all other zones.
All required setback areas in nonresidential zones shall be completely landscaped and irrigated. In addition to the setback areas, a minimum of five percent of the parking area, which includes all required drive aisles, shall be landscaped. In areas where the parking lot is not visible from the street or surrounding properties, the planning commission may approve the concentration of the five percent in areas visible from the street through a site plan review application. The following standards shall apply to all landscaping except that parkway landscaping shall comply with special requirements pursuant to BGMC 9.34.050 (Parkways).
A. Dimensions. Three feet shall be the minimum horizontal dimension of any required landscaped area or any form of fixed planter box.
B. Screening. Where plans are indicated for screening, such screening shall consist of the use of evergreen shrubs, closely spaced and maintained at substantially the specified height of any required fences, walls or hedges.
C. Materials.
1. Live plant materials including trees, shrubs, ground covers and turf shall be incorporated into landscaped setback areas. Live plant materials shall include those plants listed on the city of Bell Gardens “list of recommended plants,” on file at the community development department, wherever possible.
2. The use of artificial turf is limited to required setback areas and is prohibited within parking areas. The use of artificial turf within landscaped setback areas shall not exceed 50 percent of the landscaped setback area and shall conform to the requirements of BGMC 9.34.080 (Artificial turf). When artificial turf is used the remaining portion of the landscaped setback area not used for artificial turf shall be planted with live plant materials to include a combination of ground cover, shrubs and trees.
3. Artificial turf existing prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes of 50 percent or more to an existing artificial turf installation, with the exception of repairs, shall conform to the requirements of BGMC 9.34.080 (Artificial turf).
D. Separation between Fence/Wall/Hedge and Property Line. Where a wall is required to be set back from a lot line, the open area between said lot line and said wall shall be landscaped and permanently maintained. (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.020).
9.34.040 Exemptions from requirements.
The requirements of this chapter shall not apply to the following:
A. Public properties or public projects including community facilities, parks and playgrounds.
B. Registered state, federal or local historic site.
C. Botanical gardens, wholesale or retail plant nurseries, or community gardens. (Ord. 874 § 2, 2016).
9.34.050 Parkways.
Parkways in all zones shall be landscaped and maintained by the adjacent property owner and shall be planted in compliance with the requirements in this section. In nonresidential zones where the parkway is surfaced in concrete or other hardscape as of the effective date of the ordinance codified in this chapter, the above requirement is not applicable. Use of artificial turf in parkways in any zone is prohibited.
A. Vegetative Plant Materials. Vegetative plant materials installed in parkway areas shall meet the following criteria:
1. Plant materials shall be drought tolerant or drought resistant and shall be selected from “community development department list of recommended plants” wherever possible.
2. Low growing, ground cover types of plant materials are highly recommended. Plant materials shall not exceed 36 inches in height or form a continuous hedge or screen at maturity.
3. Plant materials shall not have exposed, rigid spines or thorns. Exceptions to this requirement may be made by the community development department on a case-by-case basis.
4. Plant materials shall not be noxious or invasive.
B. Nonvegetative Materials. The use of nonvegetative ground cover or paving materials may be installed in the parkway subject to approval of an encroachment permit by the department of public works and shall comply with the following requirements:
1. Permitted nonvegetative ground cover materials include decomposed granite and pavers. Nonpermitted nonvegetative ground cover materials include mulch, bark chips, artificial turf, and cement concrete (both standard and stamped concrete). Nonvegetative ground cover materials consisting of loosely placed gravel, crushed rock, decorative rock or stone are permitted for installation in parkway areas only when used as a component of a storm water capture system.
2. Permitted nonvegetative ground cover materials installed within parkway areas must meet the following criteria:
a. Paving materials shall be placed so that the finished surface is in plane with the abutting sidewalk and curb surfaces.
b. Nonvegetative ground covers such as decomposed granite that are typically loosely placed are not permitted in parkway areas with a slope greater than six percent in any direction (three-eighths inch of fall per each foot horizontally).
C. Irrigation. An encroachment permit is not required for irrigation systems installed in residential parkway areas, provided there are no continuously pressurized (main) lines or valves of any sort installed within the public right-of-way. A permit is required when/if irrigation valves or continuously pressurized lines are installed. When irrigation systems are employed, the use of subsurface drip irrigation or other low-flow water distribution system to minimize wasteful overspray and overwatering is required. Spray heads shall be of pop-up type, fully retractable to be flush with the adjacent surface when not in use, and placed no closer than 24 inches to any hard-paved, adjacent surface.
D. Storm Water Capture Systems. The city encourages residents to consider utilizing parkway areas to capture storm water runoff when and where possible and appropriate. Storm water capture systems typically treat/clean storm water biologically prior to its continuance into the storm drain systems and may help storm water infiltrate into the subgrade, thereby reducing or minimizing storm water runoff. These types of parkway improvements require approval of permits issued by the department of public works.
E. Nonconforming Artificial Turf. Artificial turf existing in a parkway prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes to an existing artificial turf installation in a parkway, with the exception of repairs, shall be a violation of the nonconforming status and the parkway will be subject to this chapter. (Ord. 874 § 2, 2016).
9.34.060 Irrigation.
Live plant landscaped areas shall be provided with a suitable, fixed and permanent method for watering or sprinkling of plants. This operating water system shall be automatic and consist of piped water lines terminating in an appropriate number of fixtures to provide a sufficient amount of water for plants within the landscaped area. Irrigation systems shall incorporate use of subsurface drip irrigation or other low-flow water distribution system to minimize wasteful overspray and overwatering is required. All spray heads shall be of pop-up type, fully retractable to be flush with the adjacent surface when not in use, and placed no closer than 24 inches to any hard-paved, adjacent surface. (Ord. 874 § 2, 2016).
9.34.070 Maintenance.
Required landscaped areas and landscaping shall be maintained in a neat, clean and healthful condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of live plants when necessary, and the regular watering of all live plantings. (Ord. 874 § 2, 2016).
9.34.080 Artificial turf.
Artificial turf shall be installed and maintained to effectively simulate the natural appearance of a well-maintained lawn. The use of artificial turf is subject to the following minimum requirements:
A. Turf Standards.
1. The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf is prohibited.
2. Artificial turf content shall be polyethylene monofilament fiber with a minimum grass zone pile height of one and one-half inches.
3. A minimum face weight of 65 ounces per square yard of unfilled artificial turf is required.
4. Nylon, polypropylene, and similar fibers are permitted within the thatch zone; provided, that the thatch zone is a minimum one-quarter inch lower than the grass zone pile height.
5. Artificial turf used shall be made of lead free materials.
6. All artificial turf shall have a warranty that protects against color fading and a decrease in pile height and shall have a minimum eight-year manufacturer’s “no fade” warranty.
B. Installation Standards.
1. Artificial turf installation shall be performed by a state-licensed contractor who possesses a valid city of Bell Gardens business license and installed in accordance with manufacturer specifications.
2. Prior to installation of artificial turf, all sod or existing ground cover shall be removed from the area proposed for artificial turf to a minimum depth of two inches. Any existing irrigation lines shall be capped.
3. A synthetic porous filter fabric shall be included as part of the installation.
4. Infill materials which are the materials comprising the base upon which the artificial turf is installed shall be of the silica sand, acrylic coated sand, or other environmentally safe infill type of product specifically designed for artificial turf as approved by the director of public works. The use of crumb rubber as an infill material is prohibited. Infill materials shall be brushed into the fibers to ensure that the fibers remain in an upright position, provide ballast to help hold the artificial turf in place, and provide a cushioning effect.
5. Subgrade material shall be compacted and consist of porous decomposed crushed granite and/or road base material with a minimum three inches depth of compacted material. A weed mat shall be installed over the compacted base material.
6. All edges of the artificial turf shall be anchored with nails and glue; all seams shall be nailed and glued, not sewn.
7. All electric, water, gas, and irrigation lines and conduits shall be placed outside the perimeter of an artificial turf installation area with the exception of those that provide direct service to the residence.
8. Artificial turf shall be installed to be visually level with the grain pointing in a single direction.
9. Installation of an appropriate solid barrier device such as a brick, rock, or concrete border, with a minimum three-eighth-inch thickness, is required to separate artificial turf areas from adjacent planter areas that contain live vegetation and/or soil in order to prevent encroachment of weeds into the artificial turf area.
10. Artificial turf shall be trimmed to fit against all regular and irregular edges to resemble a natural look.
11. Artificial turf installation shall be designed to allow water to percolate through the synthetic grass at a minimum drain rate of 30 inches per hour to an adequate drainage system installed underneath the artificial turf to prevent runoff, pooling, and flooding.
C. Maintenance Standards. Property owners shall maintain artificial turf areas in a manner which includes:
1. Cleaning, brushing, removing of debris, grooming, infill redistribution, decompaction, and repairing of depressions and ruts to maintain a level visual surface. Periodic brushing or grooming of the synthetic turf surface by a static (nonrotary) double brush shall conform to the written maintenance guidelines provided by the installation company. The periodic use of a vacuum, sweeper or blower shall be applied to keep the synthetic surface clean in conformance with the suggested maintenance guidelines provided by the synthetic installation manufacturer.
2. Elimination of any odors, flat or matted areas, weeds, evasive roots, looseness at edges, and seams.
3. Replacement of the artificial turf whenever maintenance or repair is unable to simulate a natural, thriving, green grass appearance.
4. Damaged, faded, or worn-out artificial turf shall be removed and appropriately replaced by the property owner. Repair of artificial turf areas shall be done with like-for-like materials from the same manufacturer and done in a manner that results in a repair that blends in with the existing artificial turf.
D. Review and Approval Required. Use of artificial turf is subject to approval of a site plan review by the community development department prior to installation. Application for site plan review shall be filed with the community development department and shall include the following information:
1. A plot plan drawn to scale indicating the following:
a. Scale, north arrow.
b. Boundaries/property lines of subject property, streets and easements.
c. A materials and plant legend for the landscaped area.
d. A planting plan describing the artificial turf area and areas designated for live plant materials listed by botanical and common name, the quantity of each of the landscape materials, size of materials at planting, and location and size of existing trees.
e. An irrigation plan for live plant areas of the front yard and the public parkway.
f. The percentage of the landscaped area assigned to artificial turf, hardscape, and live plant materials.
g. A cross-section detail that shows the installation method and identifies the amount and type of materials used.
h. A sample of the artificial turf material, a sample of the infill material (if applicable) along with warranty information, installation details, material specifications (i.e., face weight, pile height, composition, etc.), and photographs of the site.
2. An affidavit signed by the property owner that installation of artificial turf shall be conducted by a licensed contractor who possesses a valid city of Bell Gardens business license.
3. Evidence that the installing contractor possesses a valid state of California license to install artificial turf. (Ord. 874 § 2, 2016).
9.34.090 Modifications.
The planning commission, without notice or public hearing, may grant a modification to these landscape regulations through the variance process, Chapter 9.50 BGMC, where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation making it obviously impractical to require compliance. (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.030).
9.34.100 Definitions.
“Artificial turf” means a manmade, synthetic material which simulates the appearance of live organic turf, grass, sod or lawn.
“Contractor” means a person licensed by the state of California to construct, maintain, install, or subcontract the installation of artificial turf.
“Hardscape” shall be limited to the following: fountains, boulders, bridges, rock, gravel, decomposed granite, or other similar hardscape materials subject to community development department approval.
“Landscaped area” means the gross area of a front yard and any side yard adjacent to a street including parkways and areas assigned to hardscape, but excluding walkways leading to an entry and the area improved with driveway(s).
“Parkway” means the area located between the back of curb and the sidewalk.
“Turf” means a living single-bladed grass or sod. (Ord. 874 § 2, 2016).