The provisions of this chapter shall apply as follows:
A.
Scope
of application. The provisions of this chapter shall apply to the
following lots within the City:
1.
Any
lot developed with a nonresidential or multi-unit residential use;
or
2.
Any
lot developed solely with a single unit residence or a two-unit residence,
where the conditions of approval for the development on the lot require
the installation and maintenance of trees or landscaping in accordance
with an approved landscape plan.
B.
Relationship to city tree preservation ordinance. If a tree is protected under both Chapter 15.24 and this chapter, the alteration or removal of such a tree shall be processed and regulated in accordance with the provisions of Chapter 15.24. Otherwise, any tree shown on an approved landscape plan for a lot subject to this chapter shall be maintained in accordance with the approved landscape plan and the provisions of this chapter.
(Ord. 5505, 2009; Ord. 5798, 2017)
As used in this chapter, the following terms shall have the
indicated meanings:
An alteration shall include, but not be limited to, the addition,
placement, replacement, cutting, or removal of trees, plants, or other
improvements on an approved landscape (excluding the replacement of
trees, plants, or other improvements with trees, plants, or other
improvements of substantially similar design, character, and coverage
at maturity).
Any approved plan on record with the City that shows landscaping
or tree improvements on the lot.
Maintenance of an approved landscape plan consists of all
of the following:
Regular watering, pruning, fertilizing, and clearing of debris
and weeds in a manner that promotes and maintains the health and natural
growing conditions of the trees and plants shown to remain or to be
installed on the approved landscape plan.
Timely and regular removal of dead trees or plants shown to remain or to be installed on the approved landscape plan and the immediate replacement of such dead trees or plants with new trees or plants of substantially similar design, character, and coverage at maturity as the trees or plants shown to remain or to be installed on the approved landscape plan. Removal of dead trees may require prior notice to and approval from the Parks and Recreation Director pursuant to Section 15.24.030.
Installation, maintenance, repair, and replacement (as necessary)
of irrigation systems as specified on the approved landscape plan.
Compliance with any additional directions or specifications
regarding the maintenance of trees and plants shown to remain or to
be installed on the approved landscape plan and the irrigation systems
indicated on an approved landscape plan for the lot.
(Ord. 5505, 2009)
It is unlawful for an owner of a lot subject to the provisions
of this chapter to not maintain the trees, plants, irrigation system,
and other improvements shown on an approved landscape plan in accordance
with the approved landscape plan and the provisions of this chapter.
(Ord. 5505, 2009)
It is unlawful for any person to alter or to authorize or allow the alteration of an approved landscape plan for a lot subject to the provisions of this chapter without the permit required pursuant to Section 22.11.050.
(Ord. 5505, 2009)
Alterations to approved landscape plans for lots subject to
the provisions of this chapter are subject to the following regulations:
B.
Review
and approval. An application for a permit to alter an approved landscape
plan shall require prior approval from the Historic Landmarks Commission,
the Architectural Board of Review, or the Single Family Design Board,
depending upon which body approved the landscape plan or which body
is responsible for reviewing the development on the lot.
C.
Significant alteration or removal of trees. Any significant alteration or removal of a tree shown on an approved landscape plan for a lot subject to this chapter shall require compliance with Chapter 15.24 of this code. For purposes of this subsection C, the significant alteration or removal of a tree is defined as specified in Section 15.24.020 of this code.
D.
Exceptions.
1.
Notwithstanding subsection A of this section, a permit is not required for minor alterations as specified in the administrative procedures for the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board, as approved by a resolution of the City Council. Minor alterations to approved landscape plans may be approved as a ministerial action by the Community Development Director (or the Director's designee) without review by the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board. The Community Development Director or the Director's designee shall have the authority and discretion to refer any minor alteration to the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board if, in the opinion of the Community Development Director, the alteration has the potential to have an adverse effect on the integrity of the landscape plan.
2.
Any
alteration to an approved landscape plan for a lot located within
El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark
District shall be reviewed and approved pursuant to Section 22.22.130
of this code.
(Ord. 5505, 2009)
