§ 19.28

This Division establishes landscape standards to mitigate the effects of urbanization on the environment and to provide for an aesthetically pleasing urban setting with sufficient outdoor use areas. It is the intent of this Division to establish a measure of consistency in landscaping for new projects as well as providing a mechanism to require updating and upgrading of existing landscaping and outdoor use areas in existing developments when improvements are proposed. It is also the intent of this Division to encourage optimum use of drought-tolerant plant materials in conjunction with water-conserving automatic irrigation systems.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The provisions of this Division apply to all land uses as follows:

A.

New Projects. New nonresidential projects, multi-family residential projects, and single-family residential subdivisions shall provide landscaping in compliance with the requirements of this Division.

B.

Existing Development. The approval of a land Use Permit for physical alterations and/or changes in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this Division. When landscaping is required, the landscape and irrigation improvements shall be installed prior to final building inspection.

C.

Alternatives to Requirements. The Review Authority may approve modifications to the standards of this Division to accommodate alternatives to required landscape materials or methods, where the Review Authority first determines that the proposed alternative will be equally effective in achieving the intent of this Division.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.28.030 - Landscape Area Requirements.

A.

General Requirements. Landscaping shall be provided as follows:

1.

Setbacks. The setback, outdoor use and open space areas required by this Zoning Ordinance, and easements for utilities and drainage courses shall be landscaped, except where:

a.

Occupied by allowed structures or paving;

b.

A required setback is screened from public view; or

c.

It is determined by the Director that landscaping is not necessary to fulfill the purposes of this Division.

2.

Unused Areas. All areas of a project site not intended for a specific use, including pad sites in shopping centers intended for future development, shall be landscaped unless the Director determines that landscaping is not necessary to fulfill the purposes of this Division.

3.

Parking Areas. Parking areas shall be landscaped in compliance with Division 19.30 (Parking and Loading).

B.

Measurement of Required Landscape Areas. Wherever this Zoning Ordinance requires landscaping areas of a specified width, the width shall be exclusive of curbs or walls.

C.

Required Outdoor Use Areas. Non-residential uses shall provide outdoor use areas for passive outdoor recreation (i.e., picnicking, hiking, biking, etc.) or may contribute to the provision of such public facilities, where such uses are planned or proposed within 2,500 feet of the project.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.28.040 - Landscape Standards.

A.

General Requirements.

1.

Minimum Dimensions. Landscaped areas shall have a minimum interior width of three feet. Landscaped areas containing trees shall have a minimum interior width of four feet.

2.

Height Limits. Proposed landscape materials shall be designed to:

a.

Comply with the height limits for landscaping within sight distance visibility areas established by Section 19.20.070.D (Height Limits and Exceptions—Sight Visibility Area Required); and

b.

Not interfere with the proper operation of solar collector devices on adjacent parcels.

3.

Protective Curbing. Required landscaping on sites within the R10, R20, and non-residential zoning districts shall be protected with a minimum six-inch high concrete curb, except adjacent to bicycle paths or where deemed unnecessary the Director.

4.

Irrigation System Required. All landscaped areas (except areas to be maintained with intentionally unirrigated native plants) shall be provided with an automatic irrigation system.

5.

Safety Requirements. Landscape materials shall be located so that at maturity they do not:

a.

Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic;

b.

Conflict with overhead utility lines, overhead lights, or walkway lights; or

c.

Block pedestrian or bicycle ways.

B.

Landscape Plans.

1.

Each application for approval of a project subject to this Division shall include plans and written material showing how the landscaping requirements are to be met.

2.

The degree of specificity of landscape plans and written material shall relate to the type of permit or request for approval being sought. Landscape plans shall include the information and materials listed on the Department handout for landscape and irrigation plans.

3.

Landscape plans shall be prepared by a landscape architect or other person qualified by education and experience to prepare landscape plans.

4.

Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the Director.

5.

The construction/installation of landscape and irrigation improvements shall be accomplished in compliance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

C.

Planting Material. Where landscape is required, it shall include trees, shrubs, and ground covers, as follows:

1.

General Requirements.

a.

Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to Novato environment; color, form, and pattern; ability to provide shade; soil retention, fire resistiveness, etc.

Overall landscape plan shall be integrated with all elements of the project (e.g., buildings, parking lots, and streets) to achieve desirable microclimate and minimize energy demand.

b.

Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees, five-gallon container for specimen shrubs and a one-gallon for mass planting, unless otherwise approved by the Review Authority on the basis that the alternate size will achieve the desired immediate effect equally well.

2.

Trees. Tree planting shall comply with the following standards. Existing trees shall be retained and preserved in compliance with Municipal Code Chapter XVII, Shrubs and Trees, and Zoning Code section 19.39.040 (Woodland and Tree Preservation).

a.

Trees shall not be planted under any eave, overhang, balcony, light standard or other structure that may interfere with normal growth.

b.

Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be provided with root barriers.

c.

Trees shall be staked in compliance with standards provided by the Department.

d.

Number of trees:

(1)

Parking area: refer to 19.30 (Parking and Loading).

(2)

Street setbacks: one per 200 square feet of landscaped area.

(3)

Balance of site: one per 600 square feet of landscaped area.

(4)

Street trees: one per 40-foot length of right-of-way. The Director may modify this requirement depending on spread of tree at maturity.

Groundcover and Shrubs.

a.

The majority of areas required to be landscaped shall be covered with groundcover, shrubs, turf, or other types of plants that are predominantly drought tolerant.

b.

A minimum of two, five-gallon size shrubs shall be provided for every 6 feet of distance along street setbacks.

c.

Groundcover shall be provided throughout the landscaped area and shall be planted at least 6 inches on center.

d.

Artificial groundcover or shrubs shall not be allowed.

e.

Crushed rock, redwood chips, pebbles, stone, and similar materials shall be allowed up to 15 percent of the total required landscape area. Artificial or synthetic ground covers are not allowed.

f.

Nonturf areas (e.g., shrub beds) shall be top dressed with a bark chip mulch or approved alternative.

D.

Landscape Design.

1.

Plant Selection and Grouping.

a.

Plants having similar water use shall be grouped together in distinct hydrozones.

b.

Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged.

c.

Fire prevention shall be addressed on sites in areas identified by the Safety Element of the General Plan as being fire prone by providing fire-resistant landscaping buffers between development areas and naturally vegetated areas, as identified by the Director.

2.

Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

E.

Irrigation Design.

1.

Control System. All landscaped areas shall be provided with an approved irrigation system that shall include an automatic master control with multi-calendar, timer, and multi-station capabilities.

2.

Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including repeat cycles, shall be used to closely match application rates to infiltration rates to minimize runoff.

Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas in median strips.

F.

Hydroseeding.

1.

Plans Required. When planting is to be utilized for permanent landscape treatment or for natural area restoration, plans indicating location and type of hydroseeding shall be submitted in compliance with the Department handout on hydroseeding.

2.

Separation Requirements. Hydroseeded or other "natural" areas shall be separated from structures and other built improvements by an area of more formal landscaping at least five feet in width.

G.

Water-Efficient Landscape Criteria. Landscape and irrigation plans shall comply with the requirements and guidelines of the North Marin Water District for water efficient landscape.

H.

Landscape Completion Certification Required. Evidence of the completion of required landscaping and irrigation improvements shall be supplied to the Department by the author of the landscape and irrigation plan. Evidence shall be on a "Landscape Certification" form available at the Department and shall be submitted as a prerequisite to final building inspection.

I.

Maintenance Contract Required. A two-year landscape maintenance contract which includes a landscaping security in an amount equal to 50 percent of the cost of the landscape project shall be posted as a prerequisite to final building inspection, except for subdivisions with landscaping which is included in the subdivision improvement agreement, in which case a one-year maintenance period is acceptable. The developer may transfer maintenance responsibility to another party, for example, homeowners' association, provided that the security remains posted for the remainder of the originally-required time period.

J.

Maintenance. Landscaping shall be properly maintained at all times.

1.

Irrigation equipment shall be in working condition at all times.

2.

Litter shall be removed from all landscaped areas in a timely fashion.

3.

Turf areas shall be mowed on a regular basis and be kept green. Accumulation of leaves, twigs, bark, and other similar materials shall be removed on a regular basis. Planting areas shall be kept in a weed-free fashion at all times.

4.

Landscaping maintenance shall include pruning, cultivating, weeding, fertilizing, replacement of plants, and watering on a regular basis.

5.

Landscape maintenance shall include the pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or otherwise be detrimental to neighboring properties.

6.

Landscape maintenance shall include the removal of dead, decayed, diseased, or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance.

7.

All landscaping (trees, shrubs, ground cover, turf, etc.) which, due to accident, damage, disease, lack of maintenance, or other cause, fail to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the Director.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.30 - PARKING AND LOADING