HomeMy WebLinkAboutORD 1062ORD 1062 pT3 (Ìì ¿ ñ ORDINANCE NO. 1062
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
CHAPTER 17.44, LANDSCAPING
REGULATIONS, OF THE BALDWIN PARK
MUNICIPAL CODE CASE NO. AZC-129).
The City Council of the City of Baldwin Park does ordain
as follows:
SECTION 1. Chapter 17.44 is hereby amended to read in
its entirety as follows:
Chapter 17.44
LANDSCAPING REGULATIONS
Sections:
17.44.010 Purpose.
17.44.020 Applicability.
17.44.030 Landscape Design Manual.
17.44.040 Landscape Documentation Package required.
17.44.050 Review of Landscape Documentation Package.
17.44.060 Approval of Landscape Documentation Package as
prerequisite to issuance of permit.
17.44.070 Landscaping and irrigation--Installation and
maintenance.
17.44.080 Certificate of Completion.
17.44.090 Maintenance of Landscaping Agreement.
17.44.100 Landscaping and irrigation design
standards--Generally.
17.44.110 Landscaping--When required.
17.44.120 Irrigation system--When required.
17.44.010 Purpose. This Chapter is established in order to
provide minimum standards and guidelines for the design and
installation of landscaping and irrigation systems within specified
development projects. The primary intent is to enhance the visual
quality of the environment through suitable landscape design,
planting and maintenance, and therefore to recognize and encourage
water conservation principles and techniques in landscaping.
17.44.020 Applicability. This Chapter shall apply to all new
and rehabilitated landscaping undertaken in conjunction with any
private development project, which project otherwise requires a
grading, building, or use permit, except that homeowner provided
landscaping within single-family and multiple-family residential
projects shall be exempt.
17.44.030 Landscaping Design Manual. A Landscape Design Manual
adopted by Resolution of the City Council shall establish criteria
for the review of landscape and irrigation plans, provided that the
Landscape Design Manual shall include guidelines for water
conservation in landscaping and irrigation design.
17.44.040 Landscape Documentation Package. Each project to
which this Chapter applies shall provide landscape and irrigation
plans in the form of a Landscape Documentation Package, provided
that the Landscape Documentation Package shall be submitted in the
time and manner as set forth in the Landscape Design Manual.
17.44.050 Review of Landscaping Documentation Package. Each
Landscape Documentation Package submitted shall be reviewed by the
City's Design Review Committee for substantial compliance with the
criteria established in the Landscape Design Manual. The review
shall proceed in the time and manner as set forth in the Landscape
Design Manual.
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17.44.060 Approval of Landscape Documentation Package as
prerequisite to issuance of Zermit. No permit necessitating the
submittal of the Landscape Documentation Package shall be issued
until such material has been reviewed and approved, or conditionally
approved, by the Design Review Committee, provided that decisions of
the Design Review Committee relative to the Landscape Documentation
Packaqe shall be subject to appeal in accordance with procedures
established in this Title.
17.44.070 Landscaping and Irrigation--Installation and
maintenance. Any landscaping and irrigation system provided pursuant
to the provisions of this Chapter, shall be installed and
permanently maintained by the applicant and/or owner of such
property. Moreover, said landscaping and irrigation system shall be
installed and maintained in conformance with plans approved in
connection with issuance of the applicable grading, building, or use
permit.
17.44.080 Certificate of Completion. The applicant and/or owner
of any lot upon which landscaping and irrigation is provided
pursuant to the provisions of this Chapter, shall submit to the
Director a statement that the landscaping and irrigation system has
been installed according to approved plans, provided as follows:
A. That the statement shall be known as a Certificate of
Completion; and
B. That the Certificate of Completion shall be on a standard
form approved by the Director'. and
C. That the Certificate of Completion shall include a
statement that the landscaping and irrigation system have been
installed in substantial compliance with approved plans; and
D. That the Certificate of Completion shall also include
the results of a static water test and a water coverage test, as
defined in the Landscape Design Manual, in order to determine the
adequacy of the installed irrigation system; and
E. That the landscape and irrigation system shall be
evaluated by a California licensed landscape architect, landscape
contractor, or other individual deemed qualified by the Director,
and whom shall acknowledge said evaluation on the Certificate of
Completion; and
F. That the applicant and/or property owner shall submit to
the Director the Certificate of Completion prior to the final of the
last applicable project permit.
17.44.090 Maintenance of Landscaping Agreement. The owner of
each lot upon which landscaping and irrigation is provided pursuant
to the provisions of this Chapter, shall execute a covenant running
with the land, which shall be recorded in the Office of the County
Recorder, and which states that the owner of such lot agrees to
perform services necessary to install and maintain such landscaping
and irrigation in accordance with approved plans, provided as
follows:
A. That the covenant running with the land shall be known as a
Maintenance of Landscaping Agreement; and
B. That the Maintenance of Landscaping Agreement shall be on a
standard form provided by the City and approved by the Director; and
C. That the Maintenance of Landscaping Agreement shall provide
for the following:
1. An acknowledgement that the owner of the lot is obligated
to permanently maintain such lot landscaping and irrigation system
in accordance with approved plans; and
2. An acknowledgement that if the landscaping and irrigation
system is found by the Director, at any time, not to have been
maintained in a reasonable manner, and if the owner fails, within a
reasonable time after giving the notice of such deficiency, to
correct the deficiencies, that the same may be corrected by the
City, at the expense of the owner, and the cost of such correction,
including reasonable administrative costs, shall be assessed against
the property as a lien, and shall be collected in the time and
manner ad valorem property taxes are collected; and
D. That the Maintenance of Landscaping Agreement shall be
executed by the lot owner, in a manner so as to permit the document
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to be recorded, and shall be filed with the Director, who shall
cause the same to be recorded. Such filing with the Director shall
be accomplished prior to the final of the last applicable project
permit.
17.44.100 Landscape and irrigation design standards--Generally.
Notwithstanding the provisions of Section 17.44.030, each project to
which this Chapter is applicable shall also comply with the design
standards set out in Sections 17.44.110 through 17.44.120.
17.44.110 Landscaping--When required. All unpaved areas
shall be landscaped with plant material, including some combination
of trees, shrubs, groundcover, and turf, except that dry-landscape
material may be incorporated into the landscape design.
17.44.120 Irrigation System--When required. All landscaped
areas shall be serviced with an appropriate irrigation system,
unless the Director finds that such an irrigation system, due to the
size, location and/or configuration of the landscaped area, cannot
reasonably be installed and maintained."
SECTION 2. The City Council at the time of the public
hearing for the above matter, reviewed and considered the proposed
Negative Declaration, and comments relating thereto. The City Council,
based upon its public review, does hereby approve the proposed Negative
Declaration, since there is no substantial evidence that the project
will have a significant adverse effect on the environment.
SECTION 3. In conjunction with the Negative
Declaration, the City Council considered and does hereby approve, adopt
and order filed the California Department of Fish and Game, Certificate
of Fee Exemption for De Minimis Impact Finding, as the environmental
analysis offers no substantial evidence that the proposed Code
amendments will have the potential for adverse effect, either
individually or cumulatively, on wildlife resources, as defined in
Section 711.2 of the Fish and Game Code.
SECTION 4. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be published in the manner
prescribed by law, and shall forward a copy of the same to the Secretary
of the Planning Commission. The Secretary of the Planning Commission
shall file the Negative Declaration of Environmental Impact and D7
Minimis Impact Finding in the manner prescribed by law.
PASSED AND APPROVED this 3rd day of March 1993.
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
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I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do
hereby certify that the foregoing Ordinance No. 1062 was regularly
introduced and placed upon its reading at a regular Meeting of the City
Council on the 17th of February 1993. That, thereafter,
said Ordinance was duly approved and adopted at a regular meeting of the
City Council on the 3rd day of March 1993 by the
following vote:
AYES COUNCILPERSON GALLEGOS MCNEILL, IZELL,MARTINEZ MAYOR VARGAS
NOES COUNCILPERSON NONE
ABSENT COUNCILPERSON NONE
ABSTAIN COUNCILPERSON NONE
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