§ 35.34

This Chapter establishes requirements for landscaping to enhance the appearance of development, provide shade, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, enhance the quality of neighborhoods, improve air quality and improve pedestrian and vehicular traffic and safety.

The provisions of this Chapter apply to new, existing, and future development and land uses. The standards apply countywide unless otherwise indicated.

A.

Landscape plans. Landscape plans shall be required in compliance with Section 35.34.050 through Section 35.34.100 below, as a condition of an approved planning permit, and where a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) or a Development Plan in compliance with Section 35.82.080 (Development Plans) is required. A landscape design professional shall prepare landscape plans. Landscape plans shall be in compliance with the Department handout, "Landscape Plan and Performance Security Procedures."

B.

Plan review.

1.

Director. The Director shall review landscape plans that do not require review and approval by the Board of Architectural Review in compliance with Subsection B.2 (Board of Architectural Review) below, and shall approve, conditionally approve, or deny the plan.

2.

Board of Architectural Review. The Board of Architectural Review shall approve, conditionally approve, or deny:

a.

Landscape plans required by the Board of Architectural Review.

b.

Landscape plans that require review and approval of the landscape plan by the Board of Architectural Review as a condition of approval of a planning permit.

C.

Duration. Landscaping shall be installed and permanently maintained in compliance with the approved landscape plan.

35.34.040 - Landscape Agreement and Performance Security

A.

Landscape agreement and performance security required. Prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances), a signed and notarized landscape agreement and a performance security that guarantees the installation of plantings, walls, and fences, in compliance with the approved landscape plan, and provides for adequate maintenance for a designated time period shall be filed with the Department in compliance with Sections 35.84.020 (Performance Guarantees) and Section 35.84.070 (Post Approval Inspections).

B.

Performance security release. Performance securities shall be released upon approval by the Director for the installation and the remaining performance security for landscaping maintenance shall be released at the end of the designated time period, provided the planting has been adequately maintained in compliance with Sections 35.84.020 (Performance Guarantees) and Section 35.84.070 (Post Approval Inspections).

35.34.050 - Agricultural Zones Landscaping Requirements

A.

Agricultural (AG-I) zone. A landscape plan shall be approved for the following development within the AG-I zone:

1.

Greenhouses. A greenhouse shall require a landscape plan in compliance with the following:

a.

Plan requirements. The plan shall include landscaping that, within five years, will reasonably screen the view of structures and onsite parking areas from adjacent public streets. The plan shall also include landscaping along public streets. The landscaping shall consist of plant material compatible with existing plants on the property.

b.

Installation requirements. Landscaping shall be completely installed prior to final Building Permit inspection.

c.

Parking areas. Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

A.

Design Residential (DR) zone. A landscape plan shall be approved for all development requiring a Development Plan within the DR zone. The landscape plan shall include, at a minimum, the following:

1.

Uncovered parking areas shall be screened from the street and adjacent residences by hedges, dense plantings, shrubbery, solid fences or walls not less than four feet in height.

2.

A landscape area with a minimum width of five feet shall be provided between all lot lines and any driveway or uncovered parking area except for areas provided for site access.

3.

A landscape area with a minimum width of 10 feet shall be provided adjacent to the perimeter lot lines of a clustered residential development.

4.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

B.

Mobile Home Planned Development (MHP) zone and Mobile Home Subdivision (MHS) zone. A landscape plan shall be approved for all development requiring a Development Plan within the MHP and MHS zones. The landscape plan shall include at a minimum, and landscaping whall [shall] be provided in compliance with, the following:

1.

Perimeter setback areas that are part of the common open space shall be landscaped.

2.

Unsightly areas within the development (e.g., common parking areas, trash storage areas) shall be thoroughly screened by landscaping.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

C.

Multi-family Residential - Orcutt (MR-O) zone. A landscape plan shall be approved for all development within the MR-O zone. The landscape plan shall include, at a minimum, the following:

1.

Perimeter setback areas that are part of the common open space shall be landscaped.

2.

Unsightly areas within the development (e.g., common parking areas, trash storage areas) shall be thoroughly screened by landscaping.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

D.

Planned Residential Development (PRD) zone. A landscape plan shall be approved for all development requiring a Development Plan within the PRD zone. The landscape plan shall include, at a minimum, the following:

1.

An adequate buffer area comprised of fencing/walls, plant materials, or any combination thereof shall be provided adjacent to any portion of a lot line that abuts property zoned other than PRD to protect adjacent properties from impacts of noise or lighting and to provide separation between different uses. The buffer area shall be depicted on any Preliminary or Final Development Plan associated with the development project.

2.

Uncovered parking areas shall be screened from the street and adjacent residences by hedges, dense plantings, shrubbery, solid fences, or walls not less than four feet in height.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

E.

Small Lot Planned Development (SLP) zone. A landscape plan shall be approved for all development requiring a Development Plan within the SLP zone. The landscape plan shall include, at a minimum the following:

1.

Perimeter setback areas that are part of the common open space shall be landscaped.

2.

Unsightly areas within the development (e.g., common parking areas, trash storage areas) shall be thoroughly screened by landscaping.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

A.

Limited Commercial (C-1) zone. A landscape plan shall be approved for all development within the C-1 zone except a one-family dwelling and its accessory structures and uses on an existing lot of record. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of five feet shall be provided adjacent to any lot line that abuts a residential zone.

2.

A landscape area with a minimum width of 15 feet shall be provided adjacent to any street right-of-way line.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

B.

Retail Commercial (C-2) zone and General Commercial (C-3) zone. A landscape plan shall be approved for all development within the C-2 and C-3 zones. The landscape plan shall include, at a minimum, the following:

1.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

C.

Highway Commercial (CH) zone. A landscape plan shall be approved for all development within the CH zone. The landscape plan shall include, at a minimum, the following:

1.

A minimum of five percent of the net lot area shall be landscaped.

2.

An ornamental masonry wall not less than six feet in height extending to within 20 feet of the street right-ofway line of existing or proposed streets shall be provided adjacent to any portion of a lot line that abuts a residential zone. In addition, a row of trees that provide continuous screening to an approximate height of not less than 20 feet nor more than 40 feet when mature shall be provided.

3.

An ornamental masonry wall not less than three feet in height shall be provided along and located a minimum of three feet from any street right-of-way line that abuts the project site where the property on the opposite site of the street has a residential zone.

a.

The area between the wall and the street right-of-way line shall be landscaped.

b.

This requirement may be modified by the review authority when it is determined that strict compliance with this requirement is not required to protect residential values due to the street width or other conditions.

c.

This requirement shall not apply to areas provided for site access and where a service station abuts a street right-of-way.

4.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

D.

Community Mixed Use - Los Alamos (CM-LA) zone.

1.

Parking lots. Parking lots shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas).

2.

Forecourt Building Front type. Landscaping shall be provided for buildings with a forecourt (Subsection 35.24.070.I) that exceeds a gross floor area of 500 square feet.

3.

Through lots. For parking setback exceptions approved according to Subsection 35.24.070.G.e.1, the setback area along the rear or secondary street property line shall be maintained in landscaping subject to review and approval by the applicable Board of Architectural Review.

E.

Neighborhood Commercial (CN) zone. A landscape plan shall be approved for all development within the CN zone. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of five feet and an ornamental wall not less than five feet in height extending to within 20 feet of the street right-of-way line of existing or proposed streets shall be provided adjacent to any portion of a lot line that abuts a residential zone. The wall shall be reduced to three feet in height when located within a front setback area.

2.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

F.

Resort/Visitor Serving Commercial (C-V) zone. A landscape plan shall be approved for all development within the C-V zone. The landscape plan shall include, at a minimum, the following:

1.

An adequate buffer comprised of fencing, walls, plant materials, or any combination thereof shall be provided adjacent to any portion of a lot line that abuts a residential zone to protect adjacent properties from impacts of noise or lighting and to provide separation between residential and commercial uses. The buffer area shall be depicted on any Preliminary or Final Development Plan associated with the development project.

2.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

G.

Professional and Institutional (PI) zone. A landscape plan shall be approved for all development within the PI zone. The landscape plan shall include, at a minimum, the following:

1.

A minimum of 10 percent of the net lot area of the property shall be devoted to landscaping.

2.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

(Ord. No. 5192, § 11, 11-7-2023)

35.34.080 - Industrial Zones Landscaping Requirements

A.

Coastal Related Industry (M-CR) zone. A landscape plan shall be approved for all development except for exploratory oil and gas drill sites and agricultural uses within the M-CR zone. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of five feet shall be provided adjacent to all lot lines except for areas provided for site access.

2.

A masonry wall not less than six feet in height shall be provided adjacent to any portion of a lot line that abuts a commercial or residential zone.

3.

Outdoor storage areas shall be screened by a wall or fence not less than six feet in height. The wall or fence shall be set back a minimum of five feet from any street right-of-way line. The area between the wall or fence and the street right-of-way line shall be landscaped. Areas where stored materials or equipment exceed a height of six feet shall be landscaped with a row of trees of a type approved by the Director to provide continuous screening to an approximate height of not less than 20 feet nor more than 40 feet when mature.

4.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

B.

Industrial Research Park (M-RP) zone. A landscape plan shall be approved for all development within the M-RP zone. The landscape plan shall include, at a minimum, the following:

1.

A minimum of 30 percent of the net lot area of the property shall be landscaped.

2.

A landscape area with a minimum width of 20 feet shall be provided within the rear setback area adjacent to any portion of a lot line that abuts a residential zone.

3.

A landscape area with a minimum width of five feet shall be provided within the side setback areas adjacent to any portion of a lot line that abuts a residential zone.

4.

A masonry wall not less than six feet in height shall be provided adjacent to any portion of a lot line that abuts a residential zone.

5.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

C.

Light Industry (M-1) zone. A landscape plan shall be approved for all development within the M-1 zone. The landscape plan shall include, at a minimum, the following:

1.

A minimum of 10 percent of the net lot area shall be landscaped.

2.

A landscape area with a minimum width of five feet shall be provided adjacent to any side or rear lot line.

3.

A landscape area with a minimum width of 10 feet shall be provided adjacent to any street right-of-way line except for areas provided for site access.

4.

A masonry wall not less than six feet in height shall be provided adjacent to any portion of a lot line that abuts a residential or commercial zone.

5.

Outdoor storage areas shall be screened from view of a street by a wall or fence not less than six feet in height. The wall or fence shall be set back a minimum of five feet from any street right-of-way line. The area between the wall or fence and the street right-of-way line shall be landscaped. Areas where stored materials or equipment exceed a height of six feet shall be landscaped with a row of trees of a type approved by the Department to provide continuous screening to an approximate height of not less than 20 feet nor more than 40 feet when mature.

6.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

D.

General Industry (M-2) zone. A landscape plan shall be approved for all development within the M-2 zone. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of five feet shall be provided adjacent to any street right-of-way line except for areas provided for site access.

2.

A landscape area with a minimum width of five feet and a masonry wall not less than six feet in height shall be provided adjacent to any portion of a lot line that abuts a residential or commercial zone.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

A.

Mixed Use (MU) zone. A landscape plan shall be approved for all development within the MU zone. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of 10 feet shall be provided adjacent to the perimeter of the project site except for areas provided for site access.

2.

A landscape area with a minimum width of 10 feet shall be provided between all lot lines and any driveway or uncovered parking area except for areas provided for site access.

3.

A landscaped buffer shall be provided between residential and commercial and/or industrial portions of the development to ensure adequate screening, privacy, and noise reduction.

4.

Uncovered parking areas shall be screened from all streets and any residences by hedges, dense plantings, solid fences, or walls not less than four feet in height.

5.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

B.

Naples Townsite (NTS) zone. A landscape plan shall be approved for all development within the NTS zone. The landscape plan shall be in compliance with the requirements of Subsection 35.26.060.H.9.

C.

Old Town (OT) zones. A landscape plan shall be approved for all development except a one-family dwelling and its accessory structures and uses on an existing lot of record within the OT-R, OT-R/LC and OT-R/GC zones. The landscape plan shall include, at a minimum, the following:

1.

Old Town Residential/Light Commercial (OT-R/LC) zone and Old Town Residential/General Commercial (OTR/GC) zone.

a.

All parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

Old Town Residential (OT-R) zone.

a.

Uncovered parking areas shall be screened from all streets and adjacent residences by hedges, dense plantings, solid fences or walls not less than four feet in height.

b.

A landscape area with a minimum width of five feet shall be provided between all lot lines and any driveway or uncovered parking area except for areas provided for site access.

c.

A landscape area with a minimum width of 10 feet shall be provided adjacent to the perimeter lot lines of a clustered residential development.

d.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

D.

Public Utilities (PU) zone. A landscape plan shall be approved for all development within the PU zone. The landscape plan shall include, at a minimum, the following:

1.

A landscape area with a minimum width of five feet shall be provided adjacent to any street right-of-way except for areas provided for site access

2.

A landscape area with a minimum width of five feet and a masonry wall not less than six feet in height shall be provided adjacent to any portion of a lot line that abuts a residential or commercial zone.

3.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

E.

Recreation (REC) zone. A landscape plan shall be approved for all development within the REC zone. The landscape plan shall include, at a minimum, the following:

1.

Landscaping, fencing, and/or walls adequate to properly screen the facilities (e.g., tennis courts, concession stands, restrooms, and other structures) shall be provided when the lot is adjacent to a

residential zone.

2.

Parking areas shall be landscaped in compliance with Section 35.34.100 (Landscaping Requirements for Parking Areas) below.

In addition to the applicable landscaping requirements contained within Section 35.34.050 through Section 35.34.090 above, parking areas shall be landscaped in compliance with the following requirements. For the purpose of landscaping and screening requirements within this Chapter, parking area includes the parking spaces and the maneuvering space necessary for their use.

A.

Screening between residential and nonresidential uses. Where nonresidential parking areas abut residentially zoned or developed property, a wall or solid fence not less than five feet in height shall be constructed and maintained between the parking area and the adjoining residentially zoned or developed property.

B.

Existing trees. The design of the parking area should make the best use of the growth and shade provided by existing trees on the project site.

C.

Screening requirements and authority. Screening shall be provided adjacent to all lot lines consisting of a five-foot wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four feet in height. Fences or walls abutting streets shall be ornamental in texture, pattern, or shadow relief. Planting, fences, or walls abutting streets shall not exceed 30 inches in height for a distance of 25 feet on either side of entrances or exits to the property. This requirement for screening may be waived or modified by the review authority if the adjacent property already has provided a solid wall not less than four feet in height.

D.

Additional requirements for uncovered parking areas exceeding 3,600 square feet. When the total uncovered parking area on the project site (including adjoining lots over which the project has parking privileges) exceeds 3,600 square feet, the following shall be required, in addition to other provisions of this Section, as part of a landscape plan:

1.

Trees, shrubbery, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for these trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.

2.

Landscape islands shall be provided at the ends of all parking lanes.