The purpose of the Ellinwood site overlay district is to provide for specific standards of development for this particular parcel to be included in the development plans. The intent is to ensure a more precise level of planning for this parcel than is ordinarily possible under the local implementation plan. Therefore, this overlay district establishes specific standards related to oak tree protection and mitigation, retention basin/drainage pond maintenance, wetland enhancement, permanent stormwater management, drainage plans and lighting. The regulations of this overlay district are intended to provide guidance in the preparation of site-specific development plans.

(Ord. No. 636, § 2, 11-23-2009)

The provisions of this district shall apply only to the 3.87-acre Ellinwood parcel (APN 004-013-026), as shown on the city's official zoning maps.

(Ord. No. 636, § 2, 11-23-2009)

All applicable LCP policies and provisions shall apply to new development within the Ellinwood parcel overlay district, unless specifically modified by standards detailed in this section. Any development on the Ellinwood parcel (APN 004-013-026) shall comply with the following:

1.

All new development shall be designed and constructed in a manner that complies with all current requirements of the U.S. Green Building Council, LEED for homes, rating of gold or better.

2.

Exterior night lighting shall be of low intensity, low glare design, minimum height, and shall be hooded to direct light downward onto the subject parcel and prevent spillover onto any environmentally sensitive areas, wetland areas (including the existing retention basin/drainage pond), and adjacent parcels. A lighting plan incorporating these requirements and provisions for dimming lights after ten p.m. shall be provided prior to any development on the site.

3.

To protect existing native trees, such as oaks, walnuts, and sycamores and to minimize adverse effects of grading and construction onsite, a tree protection and replacement plan, prepared by a qualified arborist or resource specialist, shall be implemented as part of any new development project. Development, including ground disturbance and grading, shall be designed to avoid native tree removal and encroachment within the dripline of any native tree to the maximum extent feasible. The tree protection and replacement plan shall include a detailed plan for any trees that must be removed, in accordance with the provisions below, and shall include an analysis of alternatives to protect or retain the tree(s) to the maximum extent feasible. The tree protection and replacement plan shall include the following:

a.

An exhibit showing the location, diameter and dripline of all native trees located onsite.

b.

Fencing of all trees to be protected shall be installed in a manner that provides for at least a five-foot setback outside the dripline of each tree. Fencing shall be at least three feet in height of chain link or other material acceptable to CDD and shall be staked every six feet. Signs stating "tree protection area" shall be placed at fifteen-foot intervals on the fence. Said fencing and signs shall be shown on the tree protection exhibit, shall be installed prior to commencement of grading and/or construction and shall remain in place throughout all grading and construction activities.

c.

The tree protection plan shall clearly identify any areas where landscaping, grading, trenching or construction activities would encroach within the dripline of any native or specimen tree. All encroachment is subject to review and approval by CDD and shall be allowed only if there is no other feasible alternative.

d.

Construction equipment staging and storage areas shall be located outside of the protected areas identified on the tree protection plan and shall be depicted on project plans submitted for issuance of a grading or building permit. No construction equipment shall be parked, stored or operated within the protected area. No fill soil, rocks or construction materials shall be stored or placed within the protected area.

e.

All proposed utility corridors and irrigation lines shall be shown on the tree protection exhibit. New utilities shall be located within roadways, driveways or a designated utility corridor such that impacts to trees are avoided.

f.

Any proposed tree wells or retaining walls shall be shown on the tree protection plan exhibit as well as grading and construction plans and shall be located outside of the dripline of all protected trees unless specifically authorized.

g.

Any encroachment within the dripline of native trees shall adhere to the following standards:

(1)

Any paving shall be of pervious material (gravel, brick without mortar or turf block).

(2)

Any trenching required within the dripline of a protected tree shall be done by hand.

(3)

Any roots one inch in diameter or greater encountered during grading or trenching shall be cleanly cut and sealed.

h.

All trees located within twenty-five feet of buildings shall be protected from stucco and/or paint during construction.

i.

No permanent irrigation shall occur within the dripline of any native tree. Drainage plans shall be designed so that tree trunk areas are properly drained.

j.

Only trees designated for removal on the approved tree protection plan shall be removed.

k.

Any native trees which are removed, relocated and/or damaged (including any encroachment into the dripline) shall be replaced onsite on a ten to one basis with saplings grown from seed obtained from the same watershed as the project site. Where necessary to remove a tree that is feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shall be installed. Trees shall be planted prior to issuance of occupancy clearance and irrigated and maintained until established (five years). The plantings shall be protected from predation by wild and domestic animals and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. Rodenticides containing any anticoagulant compounds (including, but not limited to, Warfarin, Brodifacoum, Bromadiolone or Diphacinone) shall not be used.

4.

Consistent with its permitted and historic use, the existing stormwater retention basin/drainage pond shall be incorporated into the site development to provide for onsite retention of storm water runoff, infiltration and groundwater recharge and shall be maintained for the life of the project by the homeowners' association. A final drainage plan showing the location and design of the retention basin/drainage pond and site infrastructure shall be submitted to CDD for review and approval. Installation and maintenance for five years shall be ensured through a performance security and long term maintenance requirements shall be specified in the homeowners' association's CC&Rs.

5.

The applicant shall implement a wetland habitat enhancement and monitoring plan, prepared by a qualified biologist or resource specialist, to restore the onsite pond habitat function and value. The wetland habitat enhancement and monitoring plan shall include specific measures to provide a transitional zone extending beyond the top of the pond bank and surrounding upland area by replanting with compatible native species to increase habitat complexity, species diversity, and improve the functional value of the habitat for native birds and wildlife, and, if necessary, dredging the accumulated silt and debris to restore the pond to its original depth. The wetland habitat enhancement and monitoring plan shall provide for the following:

a.

Habitat enhancement and restoration plans for all impacts to wetland and upland habitat areas with details of appropriate replacement/restoration acreage and location including the following:

(1)

A site plan of the entire habitat mitigation and restoration area which specifies that new development onsite (except at-grade permeable patios/decks, fencing, and second floor balconies/decks, shall be set back at least thirty-five feet from the retention basin/drainage pond. All wetland/upland areas within the thirty-five-foot setback shall be restored/enhanced to increase their habitat value.

(2)

A baseline ecological assessment of existing habitat and buffer area.

(3)

Goals, objectives, performance standards and quantifiable success criteria for the site, including specific coverage and health standards for areas to be restored/revegetated, the types, functions and values of habitat to be created, a schedule and procedures for determining when the goals and objectives of the plan have been met.

(4)

Details for required site preparation, final design, installation and maintenance schedule and methods to ensure mitigation and restoration efforts achieve the goals and objectives of the plan.

(5)

Detailed monitoring program including provisions for a five-year monitoring period, annual monitor reporting and contingency measures should the mitigation/restoration efforts fail to achieve quantitative performance criteria.

b.

Recommendations and measures to ensure the level of the pond will not be allowed to drop more than six inches below the elevation of the average water level (defined as the elevation where the surface water area equals four thousand four square feet), to ensure that the hydrological regime will be maintained as necessary to support the restored diversity of self-sufficient species in both the wetland and upland areas.

c.

Recommendations and measures for maintaining the pond both as a drainage feature and as a functioning habitat meeting the objectives of the wetland restoration plan.

d.

Landscaping of private yards for residential units located within thirty-five feet of the pond/stormwater detention basin shall be limited to appropriate native plants consistent with the goals and objectives of the wetland mitigation habitat enhancement and monitoring plan for establishing upland habitat in the vicinity of the pond/stormwater detention basin.

e.

To the extent allowed by the building code, the perimeter fencing in the vicinity of the pond and the fencing around the pond shall be wildlife permeable to small mammals and birds, but shall be designed so as to preclude cats and dogs from entering the pond buffer and surrounding native upland habitat area.

f.

Implementation of the wetland habitat enhancement and monitoring plan shall be monitored for five years and shall be ensured through a performance security and where such long term maintenance requirements have been fully incorporated within the homeowners' association's CC&Rs to meet and maintain the functions and habitat values outlined in the wetland habitat enhancement and monitoring plan for the life of the project.

6.

Any new development shall include an onsite permanent biofilter/bioswale system intended to treat storm water runoff from the site. The biofilter/bioswale system shall be designed by a registered civil engineer specializing in water quality or other qualified professional to ensure that the retention time of water and the plants selected are adequate to reduce concentrations of the target pollutants. Local plants sources (i.e., collected from the watershed or propagated from cuttings or seed collected from the watershed) shall be used in the biofilter unless determined by the city to be infeasible. Invasive plants shall not be used in the biofilter. A biofilter design plan, including the plant palette and the source of plant material, on grading and drainage and landscape plans, and a maintenance plan shall be submitted to the city for review and approval as part of any new development project. In addition, as part of any new development project, a performance security to ensure installation and five-year maintenance and long-term maintenance shall be required through the CC&Rs.

(Ord. No. 636, § 2, 11-23-2009)