Each application for construction of a new residential or commercial structure must include a landscape plan and/or compliance with the model water efficiency landscape ordinance (MWELO) as described in this chapter. Each application for an addition or a remodel of a residential or commercial structure must include a landscape plan as described in this chapter, when the proposed addition or remodel will have a significant effect on existing landscaping. In addition, as a condition of approval of any permit or design review required under this title, a landscaping plan may be required. In all cases, riparian landscape restoration shall be required if the subject property includes or is bordered by a watercourse as defined in Title 18 of this code. No fence may be constructed in the front yard or a side yard with street frontage without landscape plan approval when landscaping is required under Subsection 17.4.27(B)(1) of this title.

(Ord. 04-08 § 5 Exh. C (part); Ord. No. 23-02, § 1(Att. A), 5-2-23)

No certificate of occupancy shall be issued until the installation of required landscaping and irrigation and restoration of the riparian corridor, if applicable, have been completed and a certificate of compliance under Chapter 18.03 of this code has been obtained. In cases of substantial, documented hardship, a certificate of occupancy may be issued prior to installation completion if the property owner provides a cash deposit in a form and on such reasonable terms as are acceptable to the Zoning Administrator as security for the completion of the work.

(Ord. 04-08 § 5 Exh. C (part))

A.

Landscape Plan. A landscape plan must be prepared by a landscape designer, a licensed landscape architect or other qualified person. The plan must include a description of all existing trees, including species, height, diameter and condition, and showing how applicable site landscaping or planting area requirements will be met.

B.

Landscape Maintenance. Elements of an approved landscaping plan which are: (1) street trees; or (2) intended to mitigate off-site impacts of construction shall be permanently maintained.

C.

Landscape Limitations. Landscape material may not be located such that, at maturity:

1.

It interferes with safe distances for vehicular, bicycle or pedestrian traffic;

2.

It conflicts with overhead utility lines, overhead lights or walkway lights;

3.

It blocks pedestrian or bicycle ways; or

4.

It interferes with the free flow of stormwater drainage.

D.

Riparian Restoration. When a landscape plan is required for a property on which or along which a watercourse is located the landscape plan shall also provide appropriate native riparian vegetation and other improvements in compliance with Chapter 18.04 of this code.

E.

Fire Safety. All planted material must conform to the fire-safe vegetation list in the City of Orinda Landscape Guidelines.

F.

Drought-Tolerant Turf. The combined turf and water area (e.g., pools, ponds and fountains) shall not exceed twenty-five (25) percent of the total irrigated area except where drought-tolerant turf grass is used. Parks, golf courses and recreation areas are exempt from this limit.

G.

Compliance with Other Requirements. The landscape plan and riparian restoration plan shall comply with any other requirements or guidelines of the city, including, as applicable, the hillside and ridgeline design guidelines, and downtown design guidelines.

(Ord. 04-08 § 5 Exh. C (part))

A.

The water-efficient landscape ordinance of the City of Orinda is the State of California Model Water-Efficient Landscape Ordinance adopted by the California Department of Water Resources and set forth in Chapter 2.7 of Division 2, Title 23, of the California Code of Regulations, Sections 490 and following, including all appendices (the "MWELO"), as that MWELO may be amended from time to time, together with the definitions added below.

B.

The following definitions are added to those contained in MWELO Section 491 (Definitions).

1.

"Microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty (30) gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty (30) psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

2.

"No-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

3.

"Swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over twenty-four (24) inches deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

(Ord. No. 23-02, § 1(Att. A), 5-2-23)