3B Public Hearing 2012 0416 - Laserfiche WebLink

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Excerpt of the Draft Minutes of the Planning Commission Meeting of March 1 S, 2012 Page 2 of 4 monetary value, but only the size of the landscaping project, whether newly installed or rehabilitated. Commissioner Fitzsimons asked about the reasons for striking items from Section 4- 1908 -E. Senior Planner Barros explained that 42 and #I I are being removed because they are repetitious, and 46 was moved to Section 4- 1910(B) as a required standard. Commissioner Rennie said that he was distracted by the ordinance as a whole as opposed to the modest proposals for changes. While he has no issue with the changes proposed, the ordinance itself could make it much clearer how the requirements apply. As a matter of principle, he said it's better to make requirements understandable by a lay person, so it would at least be appropriate to clarify the trigger. Planner Barros explained that the trigger is on the first page of the existing Article 19, under General Requirement in Section 4 -1902. Specified by WELO, the existing requirements are effectively targeted to professional landscapers. The City has no licensed landscape architect on staff, and instead of having to contract with one to review projects in consultation with the developer's landscaper and thus burdening a developer with the cost of hiring two licensed landscapers, the practice has been to require applicable projects to engage licensed landscape architects. These professionals must sign letters indicating their compliance with the ordinance. Planner Barros acknowledged that the ordinance is very technical and highly detailed. In the case of the San Leandro landscape ordinance, she said that it's actually a simplified version of the WELO, incorporating the longer State document by reference. Commissioner Hernandez asked whether the proposed changes would have any significant impact on developers. Planner Barros said the changes are minor, making native plantings a requirement. Most large projects probably already comply with the C &D changes. Tipping (disposal) fees are such that developers prefer recycling C &D materials rather than taking them to the dump. Chair Collier pointed out that tipping fees have increased from $13 to $39 per truckload. Commissioner Rennie said he appreciates the explanation so that he knows who's expected to understand the ordinance's technical content. In terms of Section 4- 1904(A), though, he said the City should make it understandable to staff and the public as to when the trigger hits. As an example, he said, if he lived in a home that had a developer - installed landscape 10 years ago and he wants to rehabilitate it does he have to comply with this ordinance? Planner Barros said no, the trigger is spelled out in Section 4 -1902 General Requirements. She pointed out, too, that in the two years this ordinance has been on the books there have been no issues related to homeowners being confused by it. Further, she said, developers who have to comply with the ordinance have landscape architects who are well- acquainted with WELO, partly because it is in effect in one form or another throughout the State. In response to Commissioner Fitzsimons's asking for confirmation that this ordinance applies only to projects that require Site Plan Approval, she said no, the ordinance applies to "applicable large landscape projects and projects for which Site Plan Approval is required." Large landscape projects, she continued, would exceed 2,500 square feet if commercial, industrial or developer - installed residential, or 5,000 square feet in other residential landscaping. Commissioner Fitzsimons then asked whether this article would apply if he had a 5,100- square- foot back yard that he wanted to change. She confirmed it would if the entire back yard is landscaped. Planner Barros also confirmed Commissioner Fitzsimons's understanding that the Zoning Enforcement Official (ZEO) could waive these provisions if Commissioner Fitzsimons wanted to rehabilitate only 500 square feet of his 5,100- square -foot back yard.