Chapter 2 — SUSTAINABLE LANDSCAPING GUIDELINE MANUAL

Sec. 5-7-201. - Sustainable Landscaping Guideline Manual.

The Director of Public Works shall formulate such rules, procedures, and interpretations as may be necessary or convenient to administer this division. Such rules, procedures, and interpretations shall be referred to as the "City of Irvine Sustainable Landscaping Guideline Manual" or the "sustainable landscaping guideline manual," which is subject to approval by the City Council. The Standards Committee which contains representatives of the Community Development and Public Works Departments is hereby authorized to incorporate further amendments into the Sustainable Landscaping Guideline Manual provided such amendments are consistent with this division. Compliance with this manual shall be a condition of

approval for all discretionary development case applications to which this division applies. Compliance with this manual shall also be demonstrated prior to approval of any nondiscretionary development case application to which this division applies and prior to the issuance of a landscape permit. In the event of any conflict between said manual and this division the provisions of this division shall govern. Copies of the current Sustainable Landscaping Guideline Manual shall be on file in the Office of the City Clerk and be made available to the public at a fee sufficient to recover costs.

(Code 1976, § V.G-200; Ord. No. 90-12, § 2, 6-26-90)

CHAPTER 3. - APPLICATION AND PROCEDURES

Sec. 5-7-301. - New development.

This division shall apply to all discretionary and nondiscretionary development case applications and when landscape permits are required. Single-family home lots and agriculture are exempt.

(Code 1976, § V.G-301; Ord. No. 90-12, § 2, 6-26-90)

Sec. 5-7-302. - Approved projects.

Approved landscape plans for discretionary and nondiscretionary development case applications which are valid on the effective date of this division shall remain valid. Landscapes for these projects may be built in accordance with the development standards and landscape standards in effect at the time of approval provided that the development case or nondiscretionary approval is valid at the time landscape permits are issued. Any reapplication for an expired permit, development case, or major modification must comply with this division at the time of reapplication or modification.

(Code 1976, § V.G-302; Ord. No. 90-12, § 2, 6-26-90)

Sec. 5-7-303. - Projects in progress.

Discretionary development case applications which have been received by the City, but have not been publicly noticed for the approval hearing by the effective date of this division, shall be subject to the provisions of this division unless waived by the Director of Community Development.

(Code 1976, § V.G-303; Ord. No. 90-12, § 2, 6-26-90)

Sec. 5-7-304. - Conceptual landscape plan.

Conceptual landscape plans as defined in the Sustainable Landscaping Guideline Manual shall be approved by an approval body in conjunction with discretionary and nondiscretionary development case applications. The approval body for development cases may impose conditions and may require evidence that such conditions are being or will be complied with in the form of subdivision agreements and security as it deems necessary to satisfy the intent of this division.

(Code 1976, § V.G-304; Ord. No. 90-12, § 2, 6-26-90)

Sec. 5-7-305. - Landscape permits.

A.

A landscape permit shall be required for the installation of all landscape planting and irrigation. The Director of Public Works or his or her authorized representative may determine the following to be exceptions:

1.

Alterations to existing landscape within a parcel which are not required or proposed in conjunction with discretionary or nondiscretionary development case applications.

2.

Alterations to existing landscape which are a result of routine or necessary maintenance and is consistent with the approved landscape plans, and City regulations pertaining to landscapes.

B.

To obtain a landscape permit, the applicant must first file an application in writing on a form prescribed by the City. The permit application shall be accompanied by information required by the City and as specified in the Sustainable Landscaping Guideline Manual.

C.

Funds sufficient to cover the cost incurred by the City in processing applications for landscape permits shall be paid to the City in compliance with the most recent City Council resolution pertaining to setting development processing and inspection fees.

D.

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed. The Director of Public Works or his or her authorized representative may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for and application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

E.

If a permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started within 60 days, or completed within one year, or continued without being suspended for 120 days, the Director of Public Works or his or her authorized representative may grant extensions of time reasonably necessary by reason of such difficulties. In no case shall such extensions of time exceed a total of one year.

(Code 1976, § V.G-305; Ord. No. 90-12, § 2, 6-26-90)

CHAPTER 4. - URBAN FORESTRY ARTICLE a. - GENERAL PROVISIONS

Sec. 5-7-401. - Title.

This chapter shall be known and cited as the "Urban Forestry Ordinance."

(Code 1976, § V.G-400; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-402. - Findings.

A.

There are over 30,000 trees on public landscapes. This represents approximately one-fifth of the total urban forest resource.

B.

These trees provide shade thereby reducing the use of fossil fuels for cooling buildings. Research has demonstrated that trees can reduce the energy used for cooling buildings by as much as 35 percent.

C.

These trees absorb pollutants generated by the burning of fossil fuels, thereby cleaning the air. Research has demonstrated that trees absorb and store carbon dioxide, the most pervasive air pollutant.

D.

These trees provide beauty to the community, thereby increasing the marketability and value of property. Research has demonstrated that mature trees can contribute five to 20 percent to property value.

E.

The estimated value of these and other benefits for trees on public landscapes is $25,000,000. It is expected that the total value of the urban forest resource in Irvine is greater than $100,000,000.

(Code 1976, § V.G-401; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-403. - Purpose and intent.

The purpose of this chapter is to protect and enhance the existing urban forest resource by application of sustainability in landscaping policies and through the provision of professional management.

(Code 1976, § V.G-402; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE b. - DEFINITIONS

Sec. 5-7-404. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City Arborist: The Director of Public Works or his or her authorized representative.

Significant tree:

1.

All trees located within public or private landscapes cited in Section 5-7-407.

2.

All trees in eucalyptus windbreaks or any tree included in a remnant of a eucalyptus windbreak. A remnant of a eucalyptus windbreak is any tree or trees of the speciesEucalyptus globulus that are approximately the same age as other known windbreak trees in the City.

Topping: This definition also refers to the terms "heading," "dehorning," "pollarding," and "hatracking." Topping is defined as any pruning cut that removes a branch to a stub, a bud, or a lateral branch not large enough to assume the terminal role. A lateral branch is large enough to assume the terminal role when it is at least one-half the diameter of the branch that is removed.

Tree: Any woody plant species that can typically grow with a single trunk and a distinguishable crown and have a height of 15 feet or greater at maturity.

Urban forest: A natural resource composed of all trees on public and private property within the City limit and sphere of influence.

(Code 1976, § V.G-500; Ord. No. 94-8, § 2, 6-14-94)