Chapter 15.36 — LANDSCAPE MATERIALS

The purpose of this chapter is to provide for the placement and installation of water-efficient, fire-resistant landscaping for specified development projects within the town and to maintain the rural, wooded atmosphere of the community. (Ord. 222 §3(part), 1993)

This chapter applies to all development projects proposed to be established within the town requiring formal review and approval by the planning commission or the planning director and new or expanded commercial, professional, multifamily, public, quasi-public, industrial and mobile home park developments which may not require formal review and approval by the planning commission or the planning director. (Ord. 222 §3(part), 1993)

The provisions of this chapter shall not apply to the following development project applications: home occupation permits; temporary use permits; day care permits; administrative permits for sign structures, livestock animals, reverse vending machines, small collection recycling facilities, and/or other similar land uses as determined by the planning director; zoning variances; certificates of compliance; parcel mergers;

boundary line modifications; reversions to acreage; commercial agricultural land uses and single-family residential land divisions. (Ord. 332 §1, 1999: Ord. 222 §3(part), 1993)

The following words or phrases have the meanings ascribed to them in this section:

"Developed area" means the area within a parcel of land which is altered from its natural state to accommodate a development and the appurtenant uses, including, but not limited to, structures, parking lots, lawns and landscaping.

"Development" means the placement or erection of any solid material or structure on land or in water; change in the density or intensity of use of land; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public, or municipal utility; including grading, dredging, mining, or other significant earthwork.

"Development project" means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction.

"Drought tolerant plants" means any plant species which exhibit water-conserving characteristics and will survive and become established with the application of limited or temporary irrigation.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by an irrigation valve or a set of valves with the same schedule.

"Invasive plants" means those plants with the ability to become established in the landscape and to displace and disrupt native plant communities.

"Landscape committee" means a committee composed of two members of the Paradise planning commission and a representative of the major local water purveyor appointed by its board of directors or comparable legislative body. The planning commission shall annually select its two representatives to serve upon the landscape committee, who may serve consecutive terms.

"Landscape materials" means any plant, rock, soil, lumber, lighting or irrigation device used for aesthetic enhancement of real property.

"Landscaped area" means the developed area of the parcel, as defined in this section, less the building footprint, driveways, nonirrigated areas of parking lots and nonporous areas such as decks and patios, but including existing vegetation to be retained as an integral part of the landscape plan.

"Native plant" means any indigenous tree, shrub or herb existing before european settlement.

"Planning director" means the director of the planning division of the community development department or a designee thereof.

"Structure" means that which is built or constructed, or an edifice or building of any kind, or any piece of work artificially built up or composed of having parts joined together in some definite manner.

"Top dressing" means any material such as leaves, bark, straw, or other materials left loose and applied to the soil surface to reduce evaporation and erosion.

"Turf" means a surface layer of earth containing mowed grass with its roots. (Ord. 222 §3(part), 1993)

All development projects subject to the requirements of this chapter or conditioned to submit and receive approval of landscape plans shall comply with the regulations set forth in this section:

A.

Two copies of landscape plans shall be submitted to the community development department.

B.

Landscape plans shall include at a minimum:

Designated trees to be removed, including size, location on the lot and species of trees;

Existing landscaping, including but not limited to natural vegetation, rock outcroppings and water features to be retained as an integral part of the landscape plan;

Proposed landscaping with both common and botanical names, showing variety, size (gallons or box) and location of plants;

Irrigation plan showing size, location and types of valves (manual or automatic), types of spray heads and pipe type and size, if applicable;

Landscape lighting plan, if proposed, showing size, type and location of landscaping lighting;

Location, size, model and name of automatic controller, if proposed;

Location and proposed shielding of garbage containers, if any proposed;

A calculation of the total landscaped area in square feet;

Property lines, setback areas and street names;

Streets, driveways, walkways and other paved areas;

Existing and proposed structures, fences and retaining walls;

North arrow, scale and plan preparer's name;

Soil preparation details (fertilizers, tilling, etc.) and any other applicable planting and installation details.

C.

A landscape plan shall be formally reviewed by the planning director within ten days of receipt of the required processing fee and a landscape plan application deemed complete for processing by the town.

D.

The planning director, using the standards identified in this chapter, shall make a final determination regarding the landscape plan not later than twenty days from the date the landscape plan is deemed complete for processing.

E.

No final building inspection shall be performed by the town building official or a designee thereof for any development project required to submit a landscape plan until the landscape plan has been formally approved by the planning director and the landscape materials have either been placed or constructed in accordance with the approved landscape plans or a bond guaranteeing the same action is appropriately posted with the town.

F.

The planning director may deny a landscape plan if it is found that the landscaping proposed is inadequate to buffer the development from surrounding uses, that the proposed landscaping is aesthetically inappropriate for the development or that the proposed landscape plan does not comply with the provisions of this chapter.

G.

Any decision of the planning director regarding approval, conditional approval or denial of a landscape plan may be appealed to the landscape committee within seven days of the date of the planning director's decision. All appeals shall be in written form, accompanied by the required appeal fee and submitted to the

community development department. The landscape committee shall consider the appeal within thirty days of the filing of written appeal with the community development department. The decision of the landscape committee may be appealed to the town council within seven days of the date of the committee's decision by filing a written appeal and accompanying appeal fee with the office of the town clerk. The town council shall consider the appeal within forty days of the written appeal to the council. (Ord. 222 §3(part), 1993)

A.

Landscaping.

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

A top dressing of at least two inches in vertical depth shall be applied to and maintained in all planting areas except turf and areas immediately surrounding plant species that are intolerant to mulch. Areas to which a top dressing will be applied should be properly edged and scarified to retain top dressing.

For drought tolerant or native plantings only, temporary irrigation systems may be utilized and removed once plantings have become well-established (eighteen to twenty-four months after planting).

Turf areas shall be limited to thirty-five percent of the total landscaped area. This provision shall not apply to athletic fields and other recreational playing fields, community gardens, cemeteries and other land uses deemed to be similar by the planning director. The planning director may authorize a not-to-exceed turf area of one thousand square feet per unit as landscape materials within multiple residential land use developments.

All planting islands within parking areas shall be planted with drought-tolerant plant species.

Native plant species shall be protected and preserved to the maximum extent feasible.

Landscaped areas shall be designed and maintained in a manner that prevents the accumulation of dry grass, dead trees, cut limbs or branches that when dry constitute a fire hazard.

B.

Irrigation.

All irrigation systems, with the exception of temporary irrigation systems, shall be controlled automatically with cycling capacity and shall be designed to avoid irrigation of unplanted surfaces.

All planting areas where drought-tolerant plants are used or where any one dimension is five feet or less shall utilize drip/trickle/bubble or microsprinklers.

Irrigation systems serving landscaped areas exceeding four hundred square feet in size (total size of all irrigated areas as shown on the landscape plan submitted for approval) shall utilize a rain-sensing device to avoid overwatering during periods of wet weather.

Recirculating water shall be used for decorative water features.

All irrigation systems shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures.

Whenever possible, landscape irrigation shall be scheduled to avoid irrigating during times of high wind or temperature (contact the local water purveyor for suggested or mandated watering periods). (Ord. 222 §3(part), 1993)

A.

The following plants are representative of the vegetation the planning director will consider in the evaluation of landscape plans:

Turf. Hybridized fescues, bluegrasses, lippia grass and bent grasses.

Groundcovers. Dwarf periwinkle (Vinca minor), Aaron's beard (Hypericum calycinum), rock rose (Cistus), California lilac (Ceanothus horizontalis), sun rose (Helianthemum nummularium), bush morning glory (Convulvulus cneorum) trailing rosemary (Rosemarinus officinalis prostratus) and low-spreading junipers (Juniperus).

Shrubs. California lilac (Ceanothus horizontalis), Italian buckthorn (Rhamnus alaternus), Texas privit (Lingustrum texanum), oleander (Nerium), juniper (Juniperus), wheelers dwarf mock orange (Pittosporum tobira), purple hopseed (Dodonaea viscosa), English laurel (Prunus lauocerasus), hawthorn (Ralphiolepis indica), Oregon grape (Mahionia aquifolium), Italian cypress (Cupressus semperviriens) and Arizona cypress (Cupressus arizonica).

Trees. Indigenous conifers, red maple (Acer rubum), Norway maple (Acer platanoides), sugar maple (Acer saccharum), liquidambar, valley oak (Quercus lobata), red oak (Quercus rubra maxima, Quercus borealis), black oak (Quercus kelloggi), almond, mimosa, albizia, dogwood (Cornus Florida, Cornus nuttallii), chinese pistachio (Pistachia chinensis), raywood ash (Fraxinus oxycarpa), Colorado blue spruce (Picea pungens), smoke tree (Cotinus coggygria), giant sequoia (Sequoiadendron gigantum), and western redbud (Cercis occidentalis).

Perennials. Yarrow (Achillia), Coreopsis grandiflora, blanket flower (Gaillardia grandiflora), redhot poker (Kniphofia uvaria), Lobelia laxiflora, Penstemon, dusty miller (Senecio cineraria), sage (Salvia), and California fuchsia (Zauschneria).

B.

Notwithstanding the requirements of subsection A of this section, the planning director may consider other plant species which exhibit water-conserving characteristics in the evaluation of landscape plans. Examples of additional plant species which may be considered include but are not limited to rye grass, twin peaks (Baccharis pilularis), boxwood (Buxux microphylla japonica), English holly (Iiex aquifolium), Photinia fraseri or serrulata, candy tuft (Iberis), English lavender (Lavandula-Officinalis), pineapple guava (Feijoa selloviana), Pyracantha and heavenly bamboo (Nandenia domestica). (Ord. 222 §3(part), 1993)

The following plants are extremely invasive and should not be planted in areas where they may compete with more desirable native and introduced vegetation:

A.

Tree of heaven (Ailanthus altissima);

B.

Giant reed (Arundo donax);

C.

Scotch broom (Cytisus scoparius);

D.

French broom (Cytisus monspessulanus);

E.

Easter broom (Cytisus spachianus);

F.

Spanish broom (Spartium junceum). (Ord. 222 §3(part), 1993)

A.

The following types of land use developments, which are required to submit landscape plans to the planning director shall have the minimum percentage of landscaping area listed in items 1 through 5 of this subsection within the developed area of the approved development project:

Mobile home parks: ten percent;

Multiple-family developments: ten percent;

Commercial/professional office: ten percent;

Public/quasi-public developments: ten percent;

Industrial developments: five percent.

B.

The planning director, the landscape committee or the town council may vary the percentage of landscaping area required per the regulatory provisions of Section 15.36.040 if the subject property contains topographical, access, soil or land use features which would create undue hardship if the requirements of this section are strictly applied. (Ord. 222 §3(part), 1993)

A.

Each development project which receives approval for its landscape plan, as provided in this chapter, shall have its landscape materials maintained by the property owner(s) in good condition and shall abide by the approved landscape plan. The property owner(s) shall replace any landscape material of the same or similar

type or function when the material is not functioning (in the case of irrigation equipment) or dead, dying or diseased (in the case of plant material).

B.

If in the judgment of the planning director, the landscape materials are not maintained to such level as is consistent with the approved landscape plan, then the planning director shall notify the property owner as shown on the latest equalized assessment roll (or to a subsequent property owner if the name and address are known by the director) that the landscape materials must be maintained to the level shown on the approved landscape plan. The planning director shall provide a maximum period of sixty days to the property owner during which to comply with the provisions of the approved landscape plan. This compliance period may be extended if, in the determination of the planning director, extenuating circumstances linked to inclement weather temporarily prevent compliance with the approved landscape plan within the sixty-day period. (Ord. 222 §3(part), 1993)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19(c) of the California Penal Code and charged as such in the discretion and at the election of the town prosecuting attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this chapter continues constitutes a separate offense. (Ord. 222 §3(part), 1993)