New Projects. All new single-family units and residential subdivisions, multifamily projects, and nonresidential projects shall provide landscaping in compliance with the provisions of this chapter.

Existing Nonresidential Development. Where a modification to an existing nonresidential development is proposed to increase the gross building square footage by twenty-five percent (25%) or more, the original approving authority for the project shall evaluate the existing on-site landscaping to ensure compliance with the requirements of this chapter.

Preliminary Landscape Plans. A preliminary landscape plan is required to be submitted for all new and modified development applications listed in Section 18.52.020. The preliminary landscape plan is a conceptual plan that depicts, at a minimum, the general descriptions of types, locations and quantities of planned landscaping in accordance with the requirements of Section 18.52.040. Submittal requirements are listed on the current permit application forms.

Final Landscape and Irrigation Plans. Final landscape and irrigation plans shall be submitted in conjunction with improvement plans prior to the issuance of building permits for all new and modified development requiring such plans per Section 18.52.020. The plans shall be consistent with the preliminary landscape plan prepared for the project and shall be prepared by a landscape architect registered to practice in the state of California. Submittal requirements are listed on the permit application forms. Revisions to approved landscape and irrigation plans shall be resubmitted for approval prior to installation of any improvements associated with the plan. The construction and installation of all landscaping and irrigation improvements shall be accomplished in compliance with the approved plans as a prerequisite to any final approval or occupancy clearance of the development or use to which it relates.

Surety. When required by the Community Development Director, a statement of surety in the form of cash, performance bond, letter of credit or certificate of deposit, in an amount equal to one hundred percent (100%) of the total value of all plant materials, irrigation, installation and maintenance shall be posted with the City. The applicant shall provide a detailed cost breakdown of the value of the improvements listed herein. The Director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all of a project's landscaping before occupancy of the site.

Required Landscape Planting Areas. Landscaping shall be installed in the following locations for all types of developments unless the approving authority determines that the required landscaping is not necessary to fulfill the purposes of this chapter.

Landscape Requirements. The minimum landscape area requirements by land use are as follows:

General Standards. The following standards apply to all landscaped areas.

Scope. The provisions of this section shall apply to all heritage oak trees on public property, public trees as defined in this chapter, and to heritage oak trees on private property not specifically exempted by subsection D of this section.

Definitions. As used in this section:

Prohibition. No City department shall issue tree cutting, encroachment or any other permits which purport to authorize use, construction, or other activity which is subject to the provisions of this chapter or the Development Code prior to review and approval as provided in this chapter.

Exemptions. The provisions of this section shall not apply to the following:

Jurisdiction.

Permission Required for Removal. No person, firm or corporation shall remove or injure any tree, shrub or plant within any street tree area or other public place of the City without prior permission and written approval therefor from the Community Development Director or his duly authorized representative. The Community Development Director or his duly authorized representative is authorized to grant such permission in his discretion and where necessary. No permission shall be valid for a longer period than sixty (60) days after its issuance. Exception is made for authorized public agencies.

Consideration of Permits. It shall be the responsibility of the applicant to demonstrate the need for a permit or other approval issued pursuant to the provisions of this chapter.

Permit Application Criteria. Prior to the issuance of the permit, the approving body shall ascertain whether or not the tree(s) cannot or should not be retained. The determination of the approving body in granting or denying a permit shall be based upon reasonable criteria, including, but not limited to, the following:

Development Control Measures. The approving body may mandate any or all of the following control measures to mitigate damage to heritage oak trees or public trees caused by the land development; further, these measures are the minimum requirements and shall not be construed to limit the City's authority for additional mitigation or development requirements.

Grading beneath Heritage Oak Tree Driplines. Grading beneath heritage oak trees to be saved shall be given special attention. Every reasonable effort shall be made to avoid creating conditions adverse to the tree's health. The natural ground within the driplines of protected trees shall remain as undisturbed as possible. Grading within the driplines of oak trees will not be permitted unless specifically authorized by the approving body or by the Community Development Director.

Performance Security (for Projects Involving Heritage Oak Trees).

Standards for Street Trees. The following standards are applicable to trees and shrubs in designated street tree areas.

Tree Removal Provisions.

Permit to Engage in Commercial Tree Trimming or Removal Required. Any person, firm or corporation engaged in the business of tree removal, tree pruning, stump removal, or engaged in tree or limb cabling or guying, is considered to be a contractor if the total cost (labor and materials) of the project is three hundred dollars ($300.00) or more. Contractors must possess a C-61, Subdivision D-49 (tree services) specialty contractor's license. Such contractors shall also be required to secure a business license to operate in the City. The requirement for a contractor's license is not applicable to persons, firms or corporations performing the activities of a nurseryman who in the normal course of routine work performs incidental pruning of trees, or guying of planted trees and their limbs. Nor does the contractor's license requirement apply to a gardener who in the normal course of routine work performs incidental pruning of trees measuring less than fifteen (15) feet in height after planting. However, the requirement for a City business license is applicable.

Tree Preservation Fund. A tree preservation fund is established for the City. The moneys received in lieu of replacement trees and illegally removed trees shall be forwarded to the Finance Director for deposit in the tree preservation fund. Under no circumstances shall the funds collected by the City Finance Director for the tree preservation fund be directed to any other fund to be used for any other purposes other than the planting, enhancement, maintenance and/or monitoring of trees on publicly owned property, easements or rights-of-way.

Abuse or Mutilations of Trees Prohibited. It is a violation of this chapter to abuse, destroy or mutilate any heritage oak tree, public tree, plant or shrub in a street tree area or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any heritage oak tree or public tree growing in a public place, or to cause or permit any wire charged with electricity to be placed or attached to any such heritage oak tree or public tree, or allow any gaseous, liquid or solid substances which are harmful to such heritage oak trees or public trees to come in contact with their roots or leaves.

Public Nuisance. Any heritage oak tree, public tree or shrub growing in a street tree area or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street or sidewalk is declared to be a public nuisance, and the City may require the property owner to trim or remove any such heritage oak tree or public tree on private property or on a parking strip abutting such owner's property or may permit any public utility to do so or the City may trim or remove such oak tree or public tree. Failure of the property owner or his duly authorized agent to trim or remove such tree in the time ordered by the Community Development Director or his duly authorized representative based on the dangerous nature of the tree, shall be deemed to be a violation of this chapter, and the Community Development Director or his duly authorized representative may then abate the nuisance by trimming or removing the heritage oak tree or public tree and the cost of such abatement shall become a lien on the property.

Stop Work Order. Whenever the Community Development Director, the Planning Commission, or the City Council determines that any permit, or variance or any action being taken thereunder, or any action under it without a permit, is in conflict with this chapter or with the standards established by the City or any department thereof, or ordinance, regulations, or policy, it shall issue a stop work order which shall prohibit any action thereunder. Such stop work order shall set forth the alleged violations and may list remedies to be taken to correct the violations. The person receiving such a stop work order shall report in writing to the officer, person or body issuing the order within forty-eight (48) hours regarding the next steps to be taken to correct the violations. Such stop work order may be extended to provide an opportunity for a hearing being extended to the affected party. During the period of such extension, the Planning Commission shall review the matter as herein provided. A stop work order issued pursuant to this section may be withdrawn by the Community Development Department or the officer who issued it upon a finding that the circumstances giving rise to the order no longer exist.

Mitigation, Suspension, Revocation and Restoration. In addition to or instead of the measures set forth in this chapter, the Community Development Director or his duly authorized representative, the Planning Commission, or the City Council may suspend any permit subject to a public post-suspension hearing upon the finding that a violation of conditions of approval has occurred. Such hearing shall be set and conducted pursuant to Section 21.03.060.

If the Hearing Officer revokes the permit or finds that a violation of conditions of approval has occurred, he or she may require conditions of restoration. Said restoration shall include a requirement to replace in kind any oak tree(s) which have been removed without a permit. Further, the replacement shall consist of specimen trees (no less than a thirty-six (36) inch box size) having a total combined diameter equal to the total combined diameter of the illegally removed tree(s). If the project site is not capable of supporting all the required replacement trees, the violator shall pay to the City a sum equivalent to the retail cost of the number of trees that cannot be accommodated plus the cost of installation of the trees, which shall not be less than seventy-five dollars ($75.00) per inch. These funds will be deposited in the tree preservation fund maintained by the City Finance Department.

Other Species of Trees. The approving body shall have the authority to adopt mitigation measures as conditions of approval for discretionary projects in order to protect other species of trees.

Cumulative Penalties. The remedies provided for herein shall be cumulative, not exclusive.

Nonliability of City. Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the heritage oak trees upon the property and under their control in a safe, healthy condition. Except as provided in subsection D of this section, any person who feels a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on site or off site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm.

Maintenance Required. All landscaping and irrigation systems shall be continually maintained. Dirt yards are prohibited. Maintenance shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and replacement of dead plants, and the repair of the irrigation system, including its individual components.

Water Waste Prohibited. Water waste resulting from inefficient landscape irrigation is prohibited. Water waste includes, but is not limited to, excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walkways, and other areas located outside of the landscaped are intended to be irrigated.