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Item 5.1 - Workshop on Landscape and Irrigation RegulationsG1(( OF POIY�i yF C`rY.IN THE C'- City of Poway COUNCIL AGENDA REPORT DATE: TO: FROM: CONTACT: SUBJECT: January 24, 2017 APPROVED ❑ APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services Jason Martin, Senior Planner"r"�"" (858) 668 -4658 / jmartin @poway.org Workshop on Landscape and Irrigation Regulations Summary: At the September 6, 2016 City Council meeting, City Council Member Mullin suggested that some City landscaping and irrigation regulations may be causing delays and increased costs for single family home construction projects and should be changed (Attachment A). City Council directed staff to return to a future City Council meeting with a workshop for further discussion on the matter. Recommended Action: It is recommended that the City Council provide direction to staff regarding potential changes to City landscaping and irrigation regulations. Discussion: To assist in the City Council discussion on this matter a brief general overview of the regulations and the landscape and irrigation plan review and inspection process is provided. Overview of Regulations Regulations and policies regarding landscape and irrigation are contained in multiple City documents and are primarily within the City of Poway Landscape and Irrigation Design Manual (i.e. the Manual). Besides regulations, the Manual contains much more information and detail such as instructions on what to include on a landscape and irrigation plan, specifications on sheet size (for the City filing system), scale (so that it can be reviewed), and planting and irrigation specifications (to ensure the survivability of planted materials and the efficient use of water), as well as other information intended to educate and make the review and inspection process go smoothly. The Manual can be accessed through this link to the City website http: / /poway.org /DocumentCenter/View /2812 or by pasting this link into an internet browser. Regulations and policies are also included in various chapters of the Poway Municipal Code (PMC), such as Chapter 12.32 (Urban Forestry) and Chapter 17.41 (Landscape Efficiency); the Community Development Element of the Poway General Plan; and multiple "Specific Plans ", which are the regulatory documents with particular regulations for specific areas such as Poway Road, Old Poway Park, and the South Poway Business Park. 1 of 5 January 24, 2017, Item # 5.1 Workshop on Landscape Regulations January 24, 2017 Page 2 Collectively these documents cover a wide variety of important landscape and /or irrigation topics relating to: • Public health and safety, and the protection of property, in fire hazard areas • Irrigation efficiency /water conservation • Storm water quality • Erosion control • Manufactured slope stabilization and appearance in hillside areas • Native and mature tree preservation • Street and parking lot trees for shade /cooling • Maintenance of the "Tree City USA" status • Enhancement of the City streetscapes, pedestrian walkways and sidewalks, and public gathering areas • Screening for unsightly activities, lights, and privacy • Buffering between uses (i.e. between commercial and residential) Many regulations, particularly those related to fire protection, water conservation, and storm water quality /erosion control are mandated by the State. Others have come into place over time as a result of prior City Council actions intended to reflect community values to protect and enhance the visual character and quality of the City. The City's regulations and policies not only adhere to State mandates, they address both the functional and aesthetic benefits provided by landscape in the development of high quality projects and community character. The landscape and irrigation regulations as currently written, provide flexibility and options that allow multiple ways to achieve compliance. An example is a change that was adopted in September 2015 to provide options for the "zone B" area of fire fuel management, which has been used by several projects since implementation. With this change, project applicants can choose between organic and inorganic mulch for erosion control on manufactured slope areas with a gradient less than 5:1, and can keep native vegetation intact as long as it is kept trimmed. Additionally, staff has used discretion in its interpretation of the regulations to help minimize landscape costs for projects. For example, Section 17.08.230 of the PMC states that "Required front and street side yards shall be landscaped and shall consist predominantly of trees, plant materials, ground cover and decorative rocks..." Staff has interpreted that mulched areas, which are sometimes extensive, can be considered a landscaped area thereby reducing the amount of traditional landscape material required. Staff will continue to use its discretion in the interpretation of regulations to help lower costs, while still maintaining the objective of establishing high quality development projects. Plan Review and Inspection The City contracts with a landscape architect for landscape plan check and inspection services for new landscape projects. The landscape plan check and inspection process 2 of 5 January 24, 2017, Item # 5.1 Workshop on Landscape Regulations January 24, 2017 Page 3 works very similarly to the building plan check and inspection process. Landscape and irrigation plans are required when a project site is in a fire hazard area, when the project creates manufactured slopes, and when the project is required to comply with landscape irrigation efficiency regulations. They are also required to address issues relating to aesthetics such as the appearance of slopes due to grading in a hillside area, buffering between uses, and on commercial developments. When the project site is located in the fire hazard area the plan is required, pursuant to the PMC, to be submitted and approved before the issuance of a building permit. On projects not in the fire hazard area, staff requires the plans to be submitted before the issuance of other project plan approvals (i.e. building and grading) to ensure that all plans are consistent to avoid confusion at the site during construction. Staff has been flexible on timing. As with building plans, landscape and irrigation plans are submitted and reviewed for compliance with City regulations. For private development projects, the regulations do not require that plans be prepared by a landscape architect. Although the plan check process can be quicker if plans are prepared by someone with design experience. The initial submittal is reviewed by the landscape consultant, a staff engineer, and by the Fire Department when the project site is in the fire hazard area. Comments and needed corrections are transmitted to the project applicant, the applicant updates the plans and resubmits to the City. The cycle continues until the landscape and irrigation plan is approved. The initial round of plan check occurs within 2 -3 weeks of submittal to the City. Subsequent rounds of City review are typically shorter. It's important to note that the overall processing time also includes the time spent by the project's designer in updating the plans, which can vary from project to project. The focus of review on landscape and irrigation plans for the typical single family home being constructed in Poway (i.e. a larger home that required grading of the project site and is in the fire hazard area) is fire protection, water efficiency, slope stabilization, erosion control, and appearance of slopes due to grading in a hillside area. These are briefly discussed below. • State and City regulations require "fire fuel management" for projects located in fire hazard areas which include but are not limited to a prohibition of certain types of landscape and a stipulation on tree spacing /proximity to structures. • State and City regulations require landscape and irrigation water efficiency which involve such things as establishment of a water allowance, mandates for certain types of irrigation, and irrigation audits. • State and City regulations require planting of manufactured slopes and the treatment of flat areas that are not landscaped to minimize erosion, minimize pollutants in storm water runoff, and to stabilize manufactured slopes. • City regulations require shrub and tree planting on manufactured slopes that have 3 of 5 January 24, 2017, Item # 5.1 Workshop on Landscape Regulations January 24, 2017 Page 4 a gradient of 5:1 and greater to minimize visual impacts in hillside areas. Once the landscape and irrigation plan is approved, work must be inspected. Inspections are conducted by the City's landscape consultant, which is the same consultant who approved the plans. Multiple inspections are done at different stages. Typically, the first inspection is before construction to go over the landscape and irrigation plans with the contractor, to review the construction schedule and to answer any questions regarding City regulations. Subsequent inspections are conducted to ensure the different components of the work are done pursuant to the approved landscape and irrigation plan (i.e. planting, irrigation installation, and irrigation tests). If the inspection finds work is not complete or in accordance with plans, there is a follow -up inspection to ensure it is corrected. The number of inspections will vary from project to project. Workshop At the workshop staff will listen to all comments received from City Council and the public. Staff will return at a future meeting with potential revisions to the Manual and /or PMC, based on City Council comments and public input. Additionally, if City Council concurs that the City regulations should be amended, staff will seek specific input from several Poway developers and property owners who have recently built a single - family home and experienced the landscape and irrigation approval and installation process. Environmental Review: The subject of this workshop is not subject to the California Environmental Quality Act (CEQA). Any subsequent action will be subject to further evaluation. Fiscal Impact: None. Public Notification: None. Attachments: A. September 6, 2016 Memorandum Reviewed/ roved By:. I _ Reviewed By: Reviewed By: a"�Vk�t_ Tina M. White City Manager Wendy Kaserman Morgan Foley Assistant City Manager City Attorney 4 of 5 January 24, 2017, Item # 5.1 CITY OF POWAY MEMORANDUM TO: Mayor and Members of the City Council FROM: John Mullin, Councilmember0m DATE: September 6, 2016 SUBJECT: Review of Landscape and Irrigation Requirements The City of Poway has landscaping requirements for new construction in both its Municipal Code and a separate Landscape and Irrigation Design Manual. It has come to my attention that these requirements go far beyond what is necessary to protect the public interest and, in fact, are imposing an excessive and unreasonable burden on new residential construction projects. For example, we require commercial valves and fixtures on residential projects and we require excessive and unnecessary inspections of non- critical components by a third party inspector. This consequently results in excessive delays in plan approvals and inspections because of the complexity of landscape drawings and unnecessary inspections that the City requires. The cost of compliance with these regulations is not thousands of dollars, but hundreds of thousands of dollars. These are dollars we require to be spent on private property for which there is no corresponding benefit to the contractor or the public. Prospective land purchasers who are aware of these requirements are, in fact, reducing their purchase price offers to offset the burden of complying with Poway's landscape requirements. We are all aware of the fire protection management zones that must be installed and the new irrigation standards imposed upon us by the state. We also have stormwater protection responsibilities involving erosion control and bank planting. We have no reason to go beyond those issues. I propose that we review the Poway Municipal Code and the Landscape and Irrigation Design Manual to eliminate landscape requirements that are unrelated to fire safety and mandated stormwater compliance. 5 of 5 ATTACHMENT A January 24;2017, Item # 5.1