The purposes of this chapter are to:
A. Enhance
the aesthetic appearance of developments throughout the city by providing
standards related to the quality and functional aspects of landscaping;
B. Increase
compatibility between abutting land uses and between land uses and
public rights-of-way by providing landscape screening or buffers;
C. Provide
for the conservation of water resources through the efficient use
of irrigation, appropriate mix of plant materials, recycling water
elements, and regular maintenance of landscaped areas;
D. Protect
public health, safety, and welfare by preserving and enhancing the
positive visual experience of the built environment, providing appropriate
transition between different land uses, preserving neighborhood character,
and enhancing pedestrian and vehicular traffic safety;
E. Reduce
urban runoff by ensuring the preservation of permeable surface for
the absorption of rainwater; and
F. Reduce
the urban heat island effect and enhance the local micro-climate.
(Ord. 01-594 § 2, 2001)
A. Landscaping Required. All new development projects
and projects that require approval of a discretionary land use permit
shall provide and/or maintain canopy trees and landscaping in compliance
with the provisions of this chapter. These provisions shall not take
precedence over State housing laws.
1.
Standards for the provision of canopy trees and landscaping within the public right-of-way are provided in the West Hollywood Municipal Code, Chapter
11.36, Street Trees and Other Plants, and the City's latest adopted Urban Forest Management Plan.
2.
Landscaping requirements for residential and commercial zoning districts shall be subject to Sections
19.20.050 (Fences, Walls, and Hedges), 19.20.055 (Canopy Trees), 19.20.060 (Green Building), 19.20.190 (Storm Drainage and Storm Water Runoff), 19.26.040 (Areas of Required Landscaping), and Chapters
19.28 (Off-Street Parking and Loading Standards) and 19.36 (Standards for Specific Land Uses) of this Code.
B. Landscape Plans, Timing of Landscape Installation. Landscape plans, irrigation plans, and plans for the ornamental use of water, including ponds and fountains, shall be submitted to the Planning and Development Services Department for review for compliance with the requirements of this chapter before issuance of a building permit. Landscaping shall not be installed until the applicant receives approval of the final landscape plan (Section
19.26.030(B)). Changes to approved landscape plans that affect the character or quality of the plant material or irrigation system shall be resubmitted for approval before installation.
C. Tree Removal. When performed in conjunction with new development or a major remodel on private residential or commercial property, the removal of existing mature canopy trees shall require a zone clearance or other applicable permit and shall be subject to conditions set forth in Section
19.26.040 of this Code. Regulations regarding tree preservation, relocation, and removal shall not pertain to any tree temporarily grown and held for sale by a licensed nursery.
D. Modifications or Waivers of Landscape Standards. The standards of this chapter may be modified or waived through an administrative permit, in compliance with Chapter
19.44 of this Code, where, in conjunction with a recommendation by a qualified tree expert, the Community Development Director determines, based on substantial evidence, that there are unique contextual circumstances on a private property where constraints create an unusual and substantive hardship or make compliance with the standards of this chapter physically infeasible.
E. Administrative Regulations. The Director of Community
Development or their designee is authorized to adopt administrative
regulations that are consistent with the provisions of this chapter.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 13, 2014; Ord. 19-1058 § 45, 2019; Ord. 23-26, 1/22/2024)
A. Preliminary Landscape Plan. A preliminary landscape plan
shall be submitted as part of an application for a discretionary land
use permit. The plan shall include all information and materials as
required in the application form provided by the Planning and Development
Services Department. The Planning and Development Services Director
shall review each preliminary landscape plan to verify its compliance
with the provisions of this chapter. The Director shall require any
changes necessary to bring the submittal into compliance with this
chapter.
B. Final Landscape Plan. Following approval of the land use
entitlement, a final landscape plan shall be submitted as part of
the application for a building permit.
1. Final
landscape plans for multi-family and non-residential projects shall
be prepared by a licensed landscape architect or licensed landscape
contractor. Evidence shall also be provided that a licensed landscape
contractor will be responsible for plant and irrigation installation.
2. Final
landscape plans for single-family and duplex projects need not be
prepared by licensed professionals, and need only include a preliminary
planting plan with a planting palette, in compliance with all applicable
provisions of this chapter.
3. Final
landscape plans shall be approved by the Planning and Development
Services Director before the start of on-site construction or soil
disturbance, and before the issuance of a building permit.
C. Compliance with Guidelines. Each landscape plan shall incorporate
as many features recommended by the Landscape Design Guidelines as are appropriate and feasible for the proposed project.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 46, 2019)
All land uses shall be provided with landscaping as specified
in this section. Subsection (A) specifies requirements for all land
uses while subsection (B) identifies additional requirements for non-residential
land uses only, and subsection (C) identifies additional requirements
for residential land uses only.
A. Landscaping Requirements for All Uses.
1. Setbacks.
All setback and open space areas required by this Zoning Ordinance
shall be landscaped, except where a required setback is occupied by
walkways, decks, approved hardscape, or a driveway, or where a required
setback is screened from public view and it is determined by the Planning
and Development Services Director that landscaping is not necessary
to fulfill the purposes of this chapter.
2. Unused
Areas. All areas of a project site not intended for a specific use
(including areas planned for future phases of a phased development),
shall be landscaped unless it is determined by the Planning and Development
Services Director that landscaping is not necessary to fulfill the
purposes of this chapter.
3. Parking Areas. Parking areas shall be landscaped as required by Chapter
19.28 (Off-Street Parking and Loading Standards).
4. Location-Specific
Requirements. Location-specific landscaping may be required to provide
visual relief or contrast, or to screen incompatible features of the
site or use.
5. Street Trees. All land uses requiring a discretionary land use permit shall provide street trees at a maximum spacing of 30 feet along the sidewalk of the site frontage in compliance with the Urban Design/Streetscape Master Plan. In lieu of providing street trees, the Planning and Development Services Director may allow the applicant to pay a fee to the Street Beautification Trust Fund, as established by Council resolution. Additionally, the applicant shall provide surety acceptable to the Planning and Development Services Director to ensure the ongoing health and maintenance of the street trees in compliance with Section
19.26.080(C) (Performance guarantee), below.
6. Non-Permeable Surfaces. Landscape areas shall comply with the limitations on non-permeable surfaces provided by Section
19.20.190(D) (Non-permeable surfaces). above).
7.
Tree Preservation.
a.
Existing mature canopy trees shall be preserved and, in new
developments, integrated into a proposed landscape plan, except where
their preservation is infeasible, and relocations or removals are
performed in accordance with this section.
b.
For additional information pertaining to designated or protected
heritage trees, refer to the City's Heritage Tree Program.
c.
For information and additional requirements pertaining to oak
trees, refer to the Los Angeles County Code of Ordinances Chapter
22.174 (Oak Tree Permits).
8.
Tree Relocation.
a.
Mature Trees. If preservation in the same location is infeasible,
mature canopy trees may be relocated on the same property or to another
suitable relocation site, pursuant to the following requirements:
i.
A zone clearance or other applicable permit is required for
the relocation of any mature canopy tree.
ii.
A qualified tree expert shall submit a tree relocation plan
to be reviewed and approved by the Community Development Director,
which shall indicate the location of each existing and/or mature canopy
tree to be relocated and shall identify each tree proposed to be retained
or relocated.
iii. Relocation must occur elsewhere on the same property
where feasible. Where relocation on the same property is determined
to be infeasible by a qualified tree expert and with the approval
of the Community Development Director, relocation to another suitable
relocation site may be permitted where:
(A) A qualified tree expert confirms in writing that
there is no available or appropriate location on the property sufficient
for tree growth and survival; and
(B) The owner of the proposed suitable relocation site
consents in writing to the placement of a relocated tree.
iv.
In the event of a relocation, the Community Development Director
may consult with the City's arborist or another qualified tree expert
and require measures to be taken to mitigate adverse effects on the
tree.
b.
Immature Trees. Immature trees may be relocated without a zone
clearance or other applicable permit.
9.
Removal of Trees.
a.
Existing mature canopy trees shall be preserved in place. Removal
may only be permitted if the applicant requests removal and provides
substantial evidence that one of the following criteria are present
and the Community Development Director makes a factual determination
that the criteria is met:
i.
The tree poses a hazard. In order to verify that a hazard exists,
the city may require a tree hazard assessment to be performed by a
qualified tree expert; or
ii.
The tree is planted too close to an existing structure, such
that it is either damaging or has the clear imminent potential to
damage the structure; or
iii. The roots of the tree are causing damage to paved
areas or sewer, plumbing or other underground utility lines; or
iv.
The tree has an incurable disease or pest infestation that cannot
be eliminated. The City may require this condition to be verified
by a qualified tree expert; or
v.
The tree has been damaged to the point that it cannot recover
and grow properly or that it will grow in a misshapen or unsightly
manner as defined by a qualified tree expert; or
vi.
A tree may be removed if it is necessary to carry out construction.
b.
Notwithstanding, the Community Development Director may determine
that the removal of a tree is necessary to carry out construction
in compliance with the Fire Code, Building Codes and any other applicable
life-safety requirements or applicable standards, and a replacement
is provided in accordance with subsection (A)(10) of this section.
The Director shall publish a list of all applicable standards and
any implementing regulations.
c.
Removed mature canopy trees shall be replaced on the same property
by new canopy trees in accordance with subsection (A)(10) of this
section. If the applicant provides evidence that replacement on the
same property is technically or physically infeasible based on existing
site conditions or new development, a suitable off-site location on
private property may be approved by the Director in accordance with
subsection (A)(8) of this section.
10.
Replacement of Mature
Trees.
a.
Any mature canopy tree that is removed shall be replaced with a canopy tree with a minimum 24-inch box size in a location that will grow to replace the removed tree without posing the hazards for which the tree was removed, if applicable, in accordance with Section
19.20.055 of this Code.
b.
The Director of Community Development may allow for the substitution
of a replacement canopy tree with other forms of landscaping if a
qualified tree expert determines that the following conditions apply:
i.
There are no other suitable areas available on the site for
tree planting; and
ii. The substituted landscape area provides other ecological
benefits in the form of nesting, foraging, and other equivalent support
for a viable wildlife habitat.
11.
Parkways. In residential zoning districts, parkways shall be installed in accordance with Section
19.20.160 of this Code for sidewalk requirements, and Chapter
11.46 of this Code for parkway requirements.
B. Landscaping Requirements for Commercial Uses. (In addition to subsection
(A), above).
1. Landscaping Outside Fences and Walls. Freestanding fences or walls that are adjacent to any public street or sidewalk shall be located to provide a landscaped area along the frontage between the fence or wall and the street. Landscaping outside of fences and walls for parking lots shall be in compliance with Section
19.28.100(B) (Parking area landscaping requirements).
a. The landscaped area shall contain the equivalent of at least two
square feet of landscaping for each linear foot of frontage, in compliance
with a landscaping plan approved by the Planning and Development Services
Director. Where a hardship exists, the Director may reduce this requirement
to a minimum of one square foot of landscaping for each linear foot
of frontage in return for a wider landscaped strip.
b. The Planning and Development Services Director may approve alternative
methods of providing landscaping along fences and walls where an alternative
plan will provide equal or better landscaping within the intent of
this chapter.
2. Outdoor
Dining, Plazas, and Walkways. Projects shall incorporate extensive
landscaping including trees and shrubs to provide vertical height
and mass for outdoor dining, plazas, and walkway areas. These areas
shall be designed and maintained to be visually attractive, usable
and accessible by the public, and shall incorporate street furniture
and pedestrian-oriented amenities.
3. Landscaping
Above Ground Floor Level. Landscaping above the ground floor shall
not be considered sufficient to meet the landscape requirements of
this chapter.
C. Landscaping Requirements for Other Specific Land Uses. Landscaping requirements for certain other land uses not listed in this section may be found in Chapter
19.36 (Standards for Specific Land Uses).
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 18, 22,
2003; Ord. 14-940 §§ 14–16,
2014; Ord. 19-1058 § 47,
2019; Ord. 19-1074 § 9,
2019; Ord. 23-26, 1/22/2024)
A. The objective standards in this chapter are intended to support the
following goals:
1.
Landscape solutions are planned as an integral part of the overall
project design and not simply located in excess spaces after parking
structures and building footprints areas have been planned;
2.
Landscape designs are based in sound sustainability principles,
environmental stewardship, and climate responsive practices in all
development projects;
3.
Landscape elements or features are incorporated into architectural
or site designs as an integral and preeminent contributor to both
the overall project character and individual detailing of the project;
4.
Existing trees and other significant vegetation are preserved
and incorporated into a new landscape plan to the greatest extent
possible; and
5.
Landscape designs and planting areas support the regular use
and benefits of outdoor spaces and enhance the pedestrian experience
and wayfinding on private property.
B. Proposed landscaping shall meet the following standards, which shall
be shown on required landscape plans:
1.
Landscaped areas except strips adjacent to fences or walls shall
have a minimum width of three feet.
2.
When existing landscaping is to be retained, a note shall be
provided on the landscape plans stating that: "Any existing landscaping
indicated to remain on the approved landscape plan that is damaged
or removed during construction shall be repaired or replaced in kind
with plants of equivalent size."
3.
Landscaped areas shall be irrigated in compliance with Section
19.26.070 (Irrigation and Water Conservation) of this Code.
4.
Trees, shrubs, flowers, and other plants may be placed in a
required yard but shall not impede access requirements for buildings,
utilities, or other site features.
5.
Planters into which trees will be planted above subterranean or semi-subterranean parking structures, or on elevated floors, terraces, or roofs, shall have a minimum soil depth of 42 inches, exclusive of drainage systems and protective membranes. Only planters that are founded in native soil at ground level or at grade, whichever is applicable, and not on top of subterranean parking garages or other occupied spaces, shall satisfy the permeable surface requirements in Section
19.20.190 of this Code.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 23, 2003; Ord. 14-940 § 17, 2014; Ord. 19-1058 § 48, 2019; Ord. 23-26, 1/22/2024)
Plant materials shall be of a type and placement compatible
with the project and surrounding land uses.
A. Size of Plant Materials at the Time of Installation. Plant
materials shall be provided in the following sizes. Calculations documenting
the required size mix shall be shown on the final landscape plan.
1. The
minimum acceptable size for street trees and on-site trees shall be
a 24-inch box. Newly planted trees shall be supported with stakes
or guy wires.
2. Shrubs
shall be a minimum size of five gallons. When planted to serve as
a hedge or screen, shrubs shall be planted with two to four feet of
spacing, depending on the plant species.
3. Ground
cover shall be generally spaced at a maximum of six to eight inches
on center. When used as ground cover, minimum one-gallon-sized shrubs
may be planted 18 to 24 inches on center.
B. Drought Tolerant Requirements. New and rehabilitated landscape areas for residential and nonresidential projects shall comply with the Model Water Efficient Landscape Ordinance (MWELO), as may be amended from time to time, which is contained within and adopted by reference through Title
13 Chapter
13.24, Green Building Standards Code, of the West Hollywood Municipal Code.
C. Effect on Traffic or Public Safety. Trees and shrubs shall
be planted and maintained so that at maturity they do not interfere
with traffic safety sight areas, or public safety.
D. Effect on Public Improvements. Trees planted near public
sidewalks or curbs shall be of a species and installed in a manner
that prevents physical damage to sidewalks, curbs, gutters, and other
public improvements.
E. Ground Cover Materials. Ground cover shall be of live plant
material. Gravel, colored rock, bark, and similar materials may be
used in combination with ground cover. Non-plant materials may be
used in limited areas as part of an approved landscape plan.
(Ord. 01-594 § 2, 2001; Ord. 19-1054 § 11, 2019)
A. Irrigation systems of new and rehabilitated landscape areas for residential and nonresidential projects shall comply with all applicable requirements of Chapter
13.24, Green Building Standards Code of the West Hollywood Municipal Code.
B. General Standards for Outdoor Water Use Practices. Projects shall comply with all applicable requirements of Chapter
15.52, Regulation of Outdoor Water Use Practices of the Municipal Code.
(Ord. 01-594 § 2, 2001; Ord. 10-861 § 4, 2010; Ord. 19-1054 § 12, 2019; Ord. 19-1058 § 49, 2019)
A. Installation Requirements. Landscape materials and support
equipment shown in an approved final landscape plan shall be installed
as follows.
1. Soil
Preparation and Planting. Sound soil preparation and planting practices
shall be implemented for all landscaped areas.
a. Mulch shall be applied and maintained in all planting areas except
those with lawns, slope areas, and established ground cover or other
low-lying shrubs.
b. Irrigated areas shall be amended with a minimum six yards of organic
material per 1,000 square feet.
2. Timing
of Installation. Required landscaping shall be installed and verified
by the Planning and Development Services Department before occupancy
of the site.
3. Compliance
with Plans Required. Landscape materials and irrigation equipment
shall be installed in compliance with the approved plans and specifications.
4. Deferral
of Installation. In the event that seasonal conditions prevent the
effective installation of required landscape before occupancy, a conditional
Certificate of Occupancy and a performance bond in the amount equal
to the value of the landscape materials may be allowed, subject to
the approval of the Planning and Development Services Director.
B. Minor Changes to Plans. The Planning and Development Services
Director may approve minor changes to approved plans limited to the
following:
1. Minor
changes to approved landscaping or irrigation plans that comply with
the spirit and intent of these regulations, including revising or
substituting plant varieties, container sizes, plant locations, irrigation
specifications, hardscape components, berm heights, berm locations,
slope features, and similar changes; and
2. Modifications
of planting, installation, or soil preparation details.
C. Performance Guarantee. When required by the Planning and
Development Services Director, a surety in a form approved by the
city in the amount of 50 percent of the total value of all plant materials,
irrigation, and installation shall be posted with the city for a two-year
period to guarantee proper maintenance of installed landscaping, both
on site and in the public right-of-way.
D. Maintenance of Landscape. Landscaping shall be maintained
consistent with the approved final landscape plan. Maintenance of
approved landscape installations shall consist of regular watering,
pruning, fertilizing, mulching, clearing of debris and weeds, removal
and replacement of dead plants, and repair of irrigation systems.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 50, 51,
2019)