Chapter 17.50 — LANDSCAPE SCREENING

Sections:

• 17.50.010 Purpose.

• 17.50.020 Applicability.

• 17.50.030 General Requirements.

• 17.50.040 Maintenance.

• 17.50.050 Continued Landscaping. 17.50.060 Installation Requirements.

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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• 17.50.070 Plant Coverage and Tree Sizes – Nonhillside Lots. 17.50.080 Plant Coverage and Tree Sizes – Hillside Lots. 17.50.090 Plant Coverage and Tree Sizes – Tower/Architectural Projections. 17.50.100 Protection of Heritage Trees. 17.50.110 Plant Coverage and Tree Sizes – Reduced Setbacks. 17.50.120 Landscape Screening Plans. 17.50.130 Violation. 17.50.140 Appeals.

The purposes of this chapter are to reduce the impact of structures on neighborhoods and to provide for the maintenance of the individual privacy of homes in a neighborhood to a reasonable degree by requiring landscape screening where appropriate. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

The requirements of this chapter shall apply to the following projects:

• A. New construction that exceeds eighteen feet above grade; or

• B. New construction of an accessory structure or alteration to an existing accessory structure that is more than six feet above grade and is less than twenty-five feet from a property line; or

C. New construction of an accessory structure or alteration to an existing accessory structure that is ten feet above grade and less than thirty-five feet from a property line;

D. New construction of architectural projections (e.g., towers, cupolas) on main and accessory buildings implementing exceptions to Height Limits for Main Structures subject to section 17.42.040.

In the case of additions to existing structures, only those areas adjoining each addition that meet the above criteria are required to be landscape screened. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

The following general landscape requirements apply to all residential and nonresidential property within the town:

A. All front, side, and rear yards shall be landscape screened as described in this chapter. Front yards contiguous to a street shall not require landscape screening.

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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B. Plantings shall be provided by the owners and located to reduce the visual impact of structures. Planting with appropriate trees and plants shall be used where necessary to provide privacy. Landscaping on adjacent properties may be taken into consideration.

C. No plantings shall occur within five feet from the outermost perimeter of a building and/or structure that may conflict with any requirements of the Fire Department.

D. The provisions contained in this chapter are intended to be minimum standards and shall not preclude application of additional requirements where, in the opinion of the town arborist, such additional requirements are necessary to attain the purposes of this chapter and to attain compatibility with the general plan and the goals and policies of the town. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

All landscape screening areas shall be maintained reasonably free of weeds, litter, and debris. All required planting shall be maintained in a healthy growing condition and, whenever necessary, replaced with plant materials approved by the town arborist to provide continued conformance with approved plans. All new screening plantings shall be provided with a water-efficient automatic irrigation system to be installed at the time of planting. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

A landscape screening agreement shall be signed by the applicant and shall be submitted to the town before any planning or building application is deemed complete. The purpose of this agreement is to ensure that the landscaping will not be removed at a future date, resulting in a loss of privacy and landscape screening. At no time shall the landscape screening plan be modified or amended in a manner not consistent with the approved plan without prior approval of the town arborist. The intent is to maintain continued landscape screening of property consistent with the objectives of this chapter. Failure to comply with this requirement without first receiving authorization from the town arborist may result in an administrative penalty and fine as established by the city council. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

Prior to the final inspection or issuance of a certificate of occupancy (unless delay is authorized by the building official) all required landscape screening shall be installed in conformance with the approved plans. In the case of phased building construction, the town building official may permit phased installation of landscape screening. If the required landscaping is not installed prior to the final inspection, then a minimum five thousand dollar deposit and an agreement in writing, approved as to form by the city attorney, stating that all required landscaping shall

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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be installed within six months, shall be executed by the applicant and submitted to the town before approval of the final inspection or issuance of the certificate of occupancy. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

For all lots with an average cross-slope (as determined under section 16.24.050, Lot Size Requirements) of less than fifteen percent, plantings shall be sized to adequately screen the proposed structure within a period of five years from the date of issuance of a building permit. The following shall constitute minimum standards for plant coverage and tree sizes for nonhillside lots:

A. Adequacy of Screening. All plantings shall be of adequate size and spacing to ensure compliance with the screening requirements. A site inspection shall be conducted after a completed landscape screening application has been submitted. It shall be at the discretion of the town arborist to assess the adequacy of the proposed planting to meet the screening requirement.

B. Minimum Tree/Shrub Size and Growth Rate. Unless as provided herein, all trees and shrubs shall be at least twenty-four-inch box container size at the time of installation and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book, or similarly accepted industry standard reference guide. Smaller and/or larger trees and/or shrubs may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

C. Encouraged Tree and/or Shrub Species. Where suitable, the planting of California native and/or drought-tolerant shrubs and/or trees is strongly encouraged.

• D. Prohibited Tree Species. The following tree species shall be prohibited as part of any required landscape screening plan:

  1. Acacia baileyana – Bailey acacia.

  2. Acacia decurrens – Green wattle.

  3. Acacia melanoxylon – Black acacia.

  4. Ailanthus altissima – Tree of heaven.

  5. Albizia julibrissin – Mimosa.

  6. Any species of eucalyptus.

  7. Pinus radiata – Monterey pine.

  8. Notholithocarpus densifloru – Tan Oak. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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For all lots with an average cross-slope (as determined under section 16.24.050, Lot Size Requirements) of fifteen percent or greater shall be considered Hillside lots for purposes of this Chapter. Plantings shall be sized to adequately screen the proposed structure within a period of five years from the date of issuance of a building permit. The following shall constitute minimum standards for plant coverage and tree sizes on hillside lots:

A. Adequacy of Screening. All plantings shall be of adequate size and spacing to ensure compliance with the screening requirements. A site inspection shall be conducted after a completed landscape screening application has been submitted. It shall be at the discretion of the town arborist to assess the adequacy of the proposed planting to meet the screening requirement.

B. Minimum Tree Size. Unless as provided herein, all trees shall be at least thirty-six-inch box container size at the time of installation and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book arboricultural standards, or similarly accepted industry standard reference guide. Smaller and/or larger trees may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

C. Encouraged Tree and/or Shrub Species. Where suitable, the planting of California native and/or drought-tolerant shrubs and/or trees is strongly encouraged.

D. Screening of Lighting. All Landscape Screening plans shall be designed so as to screen any lighting on any buildings/structures from such lighting hitting any buildings on adjacent parcels.

• E. Prohibited Tree Species. The following tree species shall be prohibited as part of any required landscape screening plan:

  1. Acacia baileyana – Bailey acacia.

  2. Acacia decurrens – Green wattle.

  3. Acacia melanoxylon – Black acacia.

  4. Ailanthus altissima – Tree of heaven.

  5. Albizia julibrissin – Mimosa.

  6. Any species of eucalyptus.

  7. Pinus radiata – Monterey pine.

  8. Notholithocarpus densifloru – Tan Oak. (Ord. 654 § 1, 2022)

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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In addition to all other applicable provisions within this Chapter, any landscape screening plan associated with an approved development permit implementing the provisions of section 17.42.040 shall include the additional, minimum standards for plant coverage and tree sizes:

A. Minimum Tree Quantity and Size. Unless as provided herein, a minimum of two trees at least thirty-six-inch box container size at the time of installation, and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book, or similarly accepted industry standard reference guide. Smaller and/or larger trees may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this Chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

B. Tree Planting Location. All trees to be planted to implement this Section shall be located inwards towards the main residence, in reasonable proximity to the tower/architectural projection and planted such that views from neighboring properties are screened to the maximum extent feasible. (Ord. 654 § 1, 2022)

Existing on-site and adjacent heritage trees shall be protected and compliance with chapter 8.10 (Removal of and Damage to Heritage Trees) relating to heritage trees is required. Landscape screening plans shall identify the location, size and species of all existing heritage trees and their associated Tree Protection Zone (TPZ) within the construction zone and shall demonstrate all proposed new landscaping is located a minimum three times TPZ away from each existing heritage tree. Each application shall include a tree preservation plan in accordance with the requirements of chapter 8.10 to be implemented during construction. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009. Formerly 17.50.080)

Any projects subject to the provisions of this Chapter in accordance with section 17.50.020 which include side and/ or rear yard setbacks less than the base underlying zoning district shall include landscape screening of the building or structure to the greatest extent feasible, and may include off-site planting on an adjacent property if neighboring property owners voluntarily agree to allow planting on their property. (Ord. 654 § 1, 2022)

All landscape screening plans shall, at a minimum, contain all the information as prescribed on the Town’s Landscape Screening Checklist form provided by the Town Arborist. (Ord. 654 § 1, 2022)

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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Each violation of this chapter shall constitute a public nuisance and be subject to abatement as such. When, in the opinion of the town arborist or his or her duly authorized representative, this chapter is not being complied with, the town arborist may issue a stop work order for all construction work on the entire site. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009. Formerly 17.50.090)

Any property owner applicant affected by a decision of an official hereunder may appeal such decision to the city council in accordance with the provisions of section 17.06.100 (Appeals). (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009. Formerly 17.50.100)