§ 23.04.182. Applicability of Landscape Standards.

The sites of all projects requiring land use permit approval

a.

Where required: Except as provided in Section 23.04.182b, the landscape standards of Sections 23.04.180 et seq. shall apply to:

(1)

Public projects that require a land use permit.

(2)

Development projects in the Recreation, Office and Professional, Commercial Retail, Commercial Service, Industrial and Public Facilities land use categories.

(3)

Developer-installed landscape. For the purposes of this section, developer-installed landscape shall be defined as the landscape installed (including any common area) prior to the initial sale of the residence or landscape installed as a condition of approval of a land use permit.

(i)

Within the urban and village areas, all developer-installed landscape in residential land use categories.

(ii)

Outside of urban and village areas, all developer-installed landscape on parcels of 2.0 acres or less in any land use category.

b.

Exceptions

(1)

Homeowner provided landscape: Landscape in accordance with Section 23.04.180 et seq. is not required for any homeowner provided landscape in the residential land use categories except where required for a special use by Chapter 23.08 (Special Uses), or by Development Plan or Minor Use Permit conditions of approval. For the purposes of this section, homeowner provided landscape is defined as the landscape installed by the individual homeowner after the initial sale of the residence or after compliance with the conditions of approval of a land use permit has been achieved.

(2)

Agriculture and Rural Lands categories: Except where required for a special use by Chapter 23.08 (Special Uses), setbacks and areas not proposed for development are not required to meet the standards of Section 23.04.180 et seq. when such areas are cultivated or maintained in native vegetation, provided that any applicable requirements of Section 23.05.080 et seq. (Fire Safety) are satisfied.

(3)

Large rural parcels: When located outside of an urban or village area, any parcel larger than 2 acres in size is not required to be landscaped. Landscape may be required by Chapter 23.08 (Special Uses), or by Development Plan or Minor Use Permit conditions of approval. In any case, all areas not proposed for development shall be cultivated or maintained in native vegetation, and any applicable requirements of Section 23.05.082 (Fire Safety Plan) shall be satisfied.

(4)

Cemeteries. Existing or proposed cemeteries are not subject to the landscape standards of Section 23.04.180 et seq.

(5)

Small areas of landscape. Landscaping meeting the water efficient provisions of Sections 23.04.180 et seq. is not required for any project with a potential total irrigated landscape area of less than 2,500 square feet in size with a proposed turf area of less than 20 percent of the irrigated landscape area. Landscaping located in the areas specified in Section 23.04.186b is required and landscape plans meeting Section 23.04.186d(1), (3) and (4) shall be submitted for review and approval. Landscaping shall be installed or bonded for prior to occupancy.

(6)

Edible plants. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included in the determination of landscape area.

(7)

Effect on existing uses. The provisions of Sections 23.04.180 et seq. are not retroactive in their effect on landscape lawfully established as of the date of adoption of amendments to these sections.

c.

Modification: Where Development Plan or Minor Use Permit approval is required, the Review Authority may waive, modify or increase the landscape standards of Sections 23.04.180 et seq.

[Amended 1993, Ord. 2649; 2004, Ord. 3001]