Fowler Municipal Code Ch. 9.165 Landscaping Standards

This chapter establishes minimum landscape requirements for consistent application throughout the City. These requirements include provisions to reduce heat by providing landscaped areas and shading, improve health and livability, promote efficient use of water, and ensure that landscaping is maintained.

A. New Buildings and Uses. All buildings approved and all uses of land established after the effective date of this Title shall comply with the requirements of this Chapter.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than ten percent (10%) in the number of existing dwelling units for residential projects or more than ten percent (10%) in the existing square footage of commercial or industrial projects, landscaping shall be provided as required by this Chapter to the greatest extent feasible.

C. Rehabilitated Landscape Projects. Rehabilitated landscape projects that require a building permit and have an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet.

D. Change of Use. Whenever a change of use is proposed within an existing building and such use is a change in building classification, landscaping shall be provided as required by this Chapter.

E. Maintenance. Maintenance requirements, including requirements for removal and replacement of landscaping and irrigation, shall apply to all landscape areas regardless of when they were installed.

Preliminary and final landscape plans shall be submitted for review and approval as follows.

A. Preliminary Landscape Plan Required. A preliminary landscape plan shall be submitted for review as part of the applicable planning review process. The preliminary landscape plan may be combined with the submitted site plan. At a minimum, a preliminary landscape plan shall include the following:

1. Square feet of landscaped areas, square feet of impervious materials, and conceptual locations for trees, shrubs, ground cover, etc.

2. A corresponding list of planting material by species (using common and scientific name), quantity, and size shall be included.

B. Final Landscape and Irrigation Plan Required. Following review and approval of a preliminary landscape plan, a final landscape and irrigation plan shall be submitted prior to, or concurrent with, the building permit and shall be approved prior to installation. The final landscape and irrigation plan shall be reviewed through the Zone Clearance process. At a minimum, the final landscape and irrigation plan shall:

1. Be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape plan approved by the designated approving authority.

2. Show the location of and irrigation for trees, shrubs, and ground cover.

3. Include, at a minimum, plant name (providing both common and scientific name), plant quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation system, and plans for tree retention and removal where applicable.

4. Include a water budget that identifies the estimated water use (in gallons), irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute.

The following standards shall apply to all landscaping.

A. Compliance with Water Efficient Landscape Ordinance. All applicable projects are required to comply with the provisions of Section 6-4.1301 (Water Efficient Landscaping Standards) of the Fowler Municipal Code. Such requirements are in addition to the standards of this Chapter. Where such standards are in conflict, the more restrictive standard shall apply.

B. Landscaping Required. All required yards shall be landscaped, except where the required yard is:

1. Occupied by a walkway or driveway or other approved hardscape in accordance with the requirements of this Title; or

2. Screened from public view by a wall or fence of at least six (6) feet in height.

C. Substantial Landscaping. All required landscape areas and planters, unless utilized for other purposes such as water quality and retention (e.g., low impact development) shall be landscaped with a mix of trees, shrubs, and ground cover to create a dense and layered design.

D. Decorative Materials. Decorative materials such as mulch, decomposed granite, and bark, as well as non-living inert material (e.g., rock, cobbles, decorative stone), may be used within any landscape area required by this Chapter. Decorative materials shall constitute no more than forty percent (40%) of the landscape area, not including any hardscape areas (e.g., walkways, driveways).

E. Public and Pedestrian Spaces. Public and pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, umbrellas) placed so as to cover fifty percent (50%) of the total space with a shade canopy within fifteen (15) years.

F. Trees Adjacent to Buildings. Trees shall be planted at a rate of one (1) tree for every thirty (30) linear feet adjacent to buildings measuring over thirty (30) lineal feet in areas of public view. Trees shall be located to interrupt expansive horizontal and vertical surfaces.

G. Street Trees Required. One (1) medium-sized street tree shall be required at the following rates within the public right-of-way frontage, not including alleys. Street trees shall be planted within the public right-of-way. Where there is no allowance for street trees to be planted within the public right-of-way, the street tree shall be planted on-site within fifteen (15) feet of the front and street side property line, as applicable, and shall be an approved street tree type. Such tree shall not be removed without replacement and such replacement tree shall be of an approved street tree type.

1. Single-family residential, multi-family residential, and commercial: One (1) tree for every thirty (30) lineal feet.

2. Industrial: One (1) tree for every sixty (60) lineal feet.

H. Tree Requirements. In addition to the number of trees required, the following shall also be required:

1. Tree size. All trees required shall be a minimum 15-gallon size at the time of planting.

2. Tree location. No trees shall be planted under any eave, balcony, or overhang, or located within an easement without the express, written permission of the easement holder.

3. Street trees. Street trees, including those planted on private lots in accordance with Subsection (G) of this Section, shall be provided per City standards.

I. Existing Trees. Mature trees on site and in good health but that do not meet the size standard to qualify as a protected private tree in accordance with Section 9.165.080 (Protected Private Trees) shall be preserved whenever possible. Trees maintained on-site may count toward the on-site tree requirement.

J. Compliance Required Prior to Occupancy. When property is undeveloped at the time landscaping requirements are imposed, all required landscaping and irrigation shall be provided and operational prior to the time a main building is occupied or when any open use, other than agricultural, occurs on the property.

K. Water Source Required. All vegetation shall be provided with a permanent source of water by means of an on-site watering system. The irrigation plan shall indicate the type of heads, pipe size, valve size, backflow valve, and water supply size and source.

The following standards shall apply to all single-family residential uses.

A. Front Yard Landscaping Requirements. All front yards shall be maintained with a maximum of fifty percent (50%) hardscape area, which shall include any required walkways or driveways. The balance of the front yard shall be landscaped. Front yards for purposes of this standard shall be measured as the area between the front property line and the front of the single-family residence extending from one (1) side property line to the opposite side property line. Walkways and driveways shall be counted in the hardscape calculation.

B. Front Yard Landscaping Required. For new construction, front yard landscaping shall include one (1) medium-sized tree, shrubs, groundcover, decorative materials, and a permanent irrigation system to be installed by the developer prior to occupancy. These requirements shall be in addition to any required street trees. Front yards measuring less than one thousand five hundred (1,500) square feet in size shall not be required to provide the 15-gallon tree. Front yards for purposes of this exception shall be measured as the area between the front property line and the front of the single-family residence extending from one side property line to the opposite side property line.

C. Additional Requirements for Single-Family Residential Subdivisions. All single-family residential subdivisions, either detached or attached, shall provide a minimum of five percent (5%) usable open space within the boundaries of the development. Such usable open space may include such spaces as common recreation areas, mini-parks, trails, and landscaping meeting minimum City standards. Such usable open space shall be maintained by a landscape/lighting/maintenance district, homeowners' association, or other appropriate maintenance entity.

The following standards shall apply to all multi-family residential or mixed-use projects containing five (5) or more residential units.

A. Usable Open Space. A minimum of ten percent (10%) of the total lot area shall be provided for usable open space. Open space areas shall be a minimum of ten (10) feet by ten (10) feet in size to be eligible for meeting this requirement, except that porches, patios, and balconies may be counted if they meet the minimum size requirement for private open space in Subsection (B) (Private Open Space) of this Section. The following areas are excluded from counting toward the usable open space requirement:

1. Common leisure/recreation areas within an enclosed structure, such as a community room, shall be excluded from the open space calculation.

2. Parking areas, driveways, and required front and street side setbacks shall be excluded from the open space calculation, except that porches, patios, and balconies may be counted if they meet the minimum size requirement for private open space in Subsection (B) (Private Open Space) of this Section.

3. Open space areas measuring less than ten (10) feet by ten (10) feet, except where such area is connected to an open spaces area complying with this size standard. A minimum of five (5) feet must be contiguous to the boundary of the open space area complying with the size standard. A maximum of one hundred (100) square feet in size for such open space areas measuring less than ten (10) feet by ten (10) feet may be counted toward meeting the usable open space requirement.

B. Private Open Space. A private porch, patio, or balcony measuring a minimum of fifty (50) square feet in area with one (1) dimension of at least six (6) feet shall be provided for and directly connected to each unit.

C. Trees Required. A minimum of one (1) medium-sized tree shall be required for every three (3) units. Trees shall be provided on-site and distributed relatively evenly throughout the development. This requirement shall be in addition to any required street trees in accordance with Section 9.165.040, Subsection (G) (Street Trees Required) and required parking lot trees in accordance with Section 9.165.060, Subsection (C)(1) (Trees Required).

A. Maintenance. All areas required to be landscaped by this Title shall be irrigated and maintained in a clean, weed-free, and disease-free manner at all times. Property owners/tenants shall regularly inspect their property to ensure that all plants are healthy; that irrigation systems, control devices, and timers are functioning properly; that dead or dying plants are removed and replaced; and that all areas using mulch, decorative rock, or other features are in good condition and are consistent with the plans originally approved, installed, and/or inspected by the City.

B. Landscaping with Public Right-of-Way. Every property owner or occupant shall be responsible for the maintenance and care of all trees, shrubs, plants, and vegetation in the public right-of-way abutting such property, except where such landscaping is included in a maintenance district or equivalent. Such maintenance shall include keeping hedges and shrubs trimmed so that no part will project into a sidewalk or other path of travel.

C. Use of Landscaped Areas. Use of required landscaped areas for purposes other than landscaping as approved in the landscape plan is prohibited.

D. Removal and Replacement of Required Landscaping. Plant material or trees removed from a project for which the Community Development Department has approved the landscape plan shall be replaced with the same or similar vegetation of a size and character as approved on the landscape plan.

A. Intent.

1. This Section is adopted to preserve a healthy, diverse tree canopy in Fowler. Trees control temperature, noise, air quality, and erosion; provide shelter from the elements; add to the City's unique character; enhance community identifiers in the built environment; enhance neighborhood property values; and provide habitat for wildlife.

2. This Section establishes regulations for the removal and replacement of certain trees on private property, the maintenance and preservation of these trees following industry best management practices and, consistent with the purposes of this Section, the reasonable enjoyment of public and private property, and protection of property rights, all in alignment with the General Plan.

B. Applicability. The standards in this Section apply to "protected private trees," which shall mean all trees which have a trunk diameter with a circumference of fifty-five (55) inches or more, measured fifty-four (54) inches above grade.

C. Permit Required. It is unlawful for any person to perform major pruning, remove, or cause to be removed, any protected private tree from any parcel of property in the City, without obtaining a Tree Removal Permit in accordance with Subsection (D) (Tree Removal Permit Process) of this Section, unless excepted otherwise specified in this Section. "Major pruning" is the significant removal of roots or foliage that has the potential to negatively impact the health or structural stability of a tree. Major pruning includes the removal of more than one-fourth (0.25) of the live branches or roots within a twelve (12) month period.

D. Tree Removal Permit Process.

1. Application and fee required. Applicants shall file a Tree Removal Permit application and pay the fee established by City Council.

2. Permit issuance and findings. The Community Development Director may only issue a permit for the removal or major pruning of a protected private tree if there is good cause for such action, based on the following:

a. Death. The protected private tree is dead, as determined by an International Society Arboriculture (ISA) certified arborist or the Community Development Director.

b. Tree risk rating. The condition of the protected private tree poses a high or extreme risk rating under the ISA Best Management Practices: Tree Risk Assessment and the risk cannot be reasonably abated to a low-risk rating with sound arboricultural treatments, as determined by an ISA certified arborist.

c. Tree health rating. The protected private tree meets either of the following conditions:

i. Is dying or has a severe disease, pest infestation, intolerance to adverse site conditions, or other condition and pruning or other reasonable treatments based on current arboricultural standards will not restore the protected private tree to a fair, good or excellent health rating as defined in the ISA Guide for Plant Appraisal, 10 th Edition, or its successor manual.

ii. Is likely to die within a year, as determined by an ISA certified arborist.

d. Species. The protected private tree is a member of a species that has been designated as invasive or of low species desirability by the Community Development Director.

e. Development. The protected private tree interferes with proposed development, repair, alteration, or improvement of a site; or the protected private tree is causing/contributing to structural damage to a habitable building (excluding amenities, such as walkways, patios, pools, and fire pits); and there is no financially feasible and/or reasonable design alternative that would permit preservation of the protected private tree while achieving the applicant's reasonable development objectives or reasonable economic enjoyment of the property.

f. Utility interference. The removal is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the protected private tree's interference with existing or planned public infrastructure, as determined by the Community Development Director.

3. Appeal of determination. Determinations made by the Community Development Director are subject to appeal, in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

4. Exceptions from permit requirement. In case of emergency, when a protected private tree is imminently hazardous or a danger to life or property, it may be removed by order of the Community Development Director or their designee without a Tree Removal Permit.

E. Maintenance and Preservation of Protected Private Trees.

1. Any person who owns, controls, or has custody or possession of any real property within the City shall use reasonable efforts to maintain and preserve all protected private trees located thereon in a state of good health pursuant to the provisions of this Section. Failure to do so shall constitute a violation of this Section.

2. Any person who conducts any grading, excavation, demolition, or construction activity on property shall do so in such a manner as to not threaten the health or viability or cause the removal of any protected private tree.

3. Any work performed within an area ten (10) times the diameter of a protected private tree (i.e., the tree protection zone) shall require submittal and implementation of a tree protection plan for review and approval prior to issuance of any permit for grading or construction. The tree protection plan shall be prepared by a certified arborist and shall address issues related to protective fencing and protective techniques to minimize impacts associated with grading, excavation, demolition, and construction. The Community Development Director may impose conditions on any City permit to assure compliance with this Section.

F. Violations.

1. Any violation of this Section is hereby declared to be a public nuisance. Fines may be assessed for violations of this Section in accordance with Section 1-8.08 of the Fowler Municipal Code, in addition to any other remedies available under the Municipal Code for infractions.

2. Any person who vandalizes, grievously mutilates, destroys, or unbalances a protected private tree without a permit or beyond the scope of an approved permit shall be in violation of this Section.