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HomeMy WebLinkAbout6387 ORDINANCE NO. 6 3 8 7 AN ORDINANCE OF`THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING • CHAPTER 18.50 OF THE AUBURN CITY CODE, LANDSCAPING AND SCREENING, AND.ADDING A NEW SECTION 18.04.318 TO CHAPTER 18.04 OF THE AUBURN CITY CODE, DEFINITIONS, ALL RELATING TO LANDSCAPING AND SCREENING WHEREAS, from time to time, amendments to the City of Aubum zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments will reorganize and update regulations and standards related to landscaping and screening; and WHEREAS, the purpose of� this ordinance is to ensure that sufficient landscaping is a required component of all development, that plant materials complement the natural character of the Pacific Northwest, and there is unnecessary disturbance of natu�al vegetation in new development; and WHEREAS, follo.wing proper notice, the City of Aubum Planning Commission held a pu6lic hearing on October 18, 2011, on the proposed code amendments regarding off-street parking and loading, landscaping and screening, outdobr lighting, and variances; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 18,2011, the Planning Commission made its recommendations for code amendments to the City of Aubum City Council; and Ordinance No. 6387 December 14, 2011 Page 1 of 15 WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and WHEREAS, e�vironmental review on the proposal has been completed in accordance with,the requirements of the State Environmental Policy Act (SEPA) wi4h a final determination of non-significance (DNS) issued September 15, 2011; and WHEREAS, pursuant to RCW 36JOA.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- , day state review; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Departrnent of Commerce or other state agencies; and WHEREAS, the City Council finds that the proposed amendments improve � the readability and use of use of the City Code, updates technical aspects of the code, improves the City's dedelopment review process, and promote sustainability concepts where feasible. NOW, THEREFORE,.THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to CitV Code. That Chapter 18.50 of the Aubum City Code be and the same hereby is,amended to read as follows: Ordinance No. 6387 Decemberl4, 2011 Page 2 of 15 Chapter 18.50 LANDSCAPING AND SCREENING Sections: 18:50.010 Intent 18:50.020 Ssepe:Ao�licabilitv. 18.50.040 . Landscaoe develooment standards. 18.50.045 Preservation of sianificant trees. 18.50.060 6eaeral-4Landscape I�an requirements. 18.50.070 . dministration and Enforcement. 18.50.080 .AltemaNve landscape olan. 18.50.010 Intent The intent of this chapter is to provide minimum landscaping and screening requiremenis in order to mairnain and protect properly values, to enhance the city's appearance, to visually unify the city and 'its neighborhoods, to improve the character of certain areas of the city to � reduce erosion and storm water runoff, to reduce CO2 emissions. imorove air qualiN, and to maintain or replace existing vegetation and to prevent antl abate publia nuisances: (Ord. 4914 § 1, 1996; Ord. 4773 § 1, 1995; Ord:4229§2, 1987.) 18.50.020 Ssepe.Apolicabiliri. A. This ohapterapplies to all uses and activities developed in the city excluding � single-family and duplex�units on individual lots. B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a reSidential use is converted to a nonresidential use, then such building or sUucture shall be considered to be a new use and site landscaping provided in accordance_with this Chaoterasse�dir�gty; provided, ttiat 'rf any existing foundation or fence layout,precludes full compliance herewith, then the landscaping requirements � may be modified by the planning director in aooroved landscaae blans. (Ord. 4914 § 1, 1996; Ord. 4304§ 1(33), 1988; Ord.4229§2, 1987.) �� . , 18.50. Landscaoe develoument standards. Ordinance No. 6387 Decamber 14, 2011 Page 3 of 15 �� , , . A. Gene21 Location for Landscaoe Imorovements. Landscaoina shall be orovided in the followina locations for all tvoes of develooment, unless ttie CiN determines that the reauired landsca�e is not necessarv to fulfill the aumoses of this chaoter. 1 Perimeter Areas. All areas that abut a sVeet or residential orooertv shali be landscaped in comoliance with this chapter, exceot where occuoied bv a orimarv buildina, walk or drivewav. Minimum landscaoe areas are listed in Table 1B-50-040 A and B. 2. Unused Areas. All areas-of a multifamilv--or nonresidential proiect site not intended for a specificuse (includina areas olanned for fu4ure phases of a phased develoomentl. shall be landscaoed with existina natural veaetation. native arasses or similar. 3 Pa�icina/Loadina Areas. Parkina lots. and where loadina areas are visible from a public street shall be landscaoed in comoliance with this Cha�ter. 4 Outdoor Storaae A2as Recreational Vehicle: Parkinq, and Refuse Areas. All outdoor storaqe areas recreational vehicle oarkinq, and refuse areas. when visible from adioininq properties or public streets shall be landscaoed in compliance with this Cha�ter. B Landscaoe Area Reauirements bv Zones: Minimum landscape area reauirements are listed below bv zones consistent with ACC 18:02.070. Table 18.50.040 A Mlnimum Landscape Requiremenffi by Zoning Dlstrict I . . � . I _ _ _ —._----- _.... - - -- Residential Zanes_..._ � I RC R1 R5 and R7 Residential Zones' N!A N!A N/A I R10. R16 and R20 Zones° 20% 6 ft. 10 ft. Ordinance No. 6387 December 14, 2011 Page 4 of 15 i _----- - _ _.�_ -=_ - - - _ _ _ Non ResidenUal Zones- � I CZ �� .�ft 6 ft. I C1 CN 1�°� 6 ft. 10 ft. I C3. I. P1 15°h 6 ft. 10 ft. I EP 10°h 10 ft. 10 ft. I BP 15°h 10 ft. 10 ft. I M1 10°k 10 ft. 10 ft. I M2 10% 10 ft. 25 ft. I Other I RO`J RO-H° N/A N/A N/A I DUC' N/A N/A WA Notes: 1. Minimum landuaoe coveraae reauiretl is the minimum oercaMaae of net lot area that must ba � maiMained with a veoetated cer4ious�surface. Veaeteted bioreteMion cells�-or water aualitv treahnent swales (not � �ertnanerrtiv inundeted o�oondetl ereasl ma4 ba Ineluded in the reauired landscaoe coveraae oercentaae. � 2 � listed�clanter widths ahall be located entirelv�on orivate orooertv. � 3. The minimum landsceoe nlenter abuttina�a-street mav be�reduced in size-usino the orovision � wntained in ACC78.50.080.Attemative landseaoe"olaa" The reduced Wndspva olanter shall have an averaae width of the reauirement contained in Table 18.50.040. � � 4. Landseaoina shall onlv tie reauiretl in coniunGion wRh an Administrative or Conditional Use Pertnit. The Noe and amount of landsceoina shall�be detertnined et that tima the Atlministretive or Cond'Rional Use PartnN is � ' 80DfOV8U. � 5 Refer to ACC18 31 200 Mutti-hamilv Develooment and�Mixed-use Develooment Dasian Standards� antl orocetlures for additional reauirements. � ' � 6 Landseaoina wkhin the'ROIR0.H� mne is not reauired unleu site Aave�onmeM ineiudes the �demolftion of� exiati�a structure(s1 tocethec wkh new consMUCtion. Untler this seenario� the minimum landscaoe � reauimments of the C1 zone shell be met. "�— --7 � Landseaoina within the DUC zone shall be orovided as defined in the Downtown Urban Centar Desian StandaMS.see�reference to ACC 18.29.070. � C. Landscaoe Desistn anii Plantinq Reauirements. Landsca�e desiqn and construction for new develoament or redevelooment shall be comaatible with the surroundina urban and'natural environment. Landscaoe olantinps shali comolv with the Dlant tvpe. size. and soacina orovisions listed below. 1. Landscaoe Desian. Landscaoina shall be desianed as an intearal oart of the overall site olan with the ouroose of enhancinq buildinq desian, public views and spaces, and __ - - providina buffers. transRions. end screenina. a. All reauired olantina areas shall be covered with a mixture of trees. shrubs. and aroundcover�lants. Sodded lawn(not seedl mav be subs4ituted for some but not of all shrubs or around cover olants. If soddeil lawn is used it cannot covermore than 20 oercent of the site and those qortions of tfie lawn area must be served bv an automatic irrigation system. b. Plantinc desiqn shall have focal ooints at oroiect entries. ofaza areas. and other areas of interest using distinct olantina andloriandscaoe features. Ordinance No. 6387 December 14, 2011 Page 5 of 15 c. As aoorooriate buildina and site desian shall include the use of landscaoina aaainst tiuildinqs to visuallv break u� exoanses of-wall, soften apoearance, and create visual interest 4hrouah the uae of plantina areas.. well olanters. andlor raised olanters. Loose rock. �vei: decorative rock or stone shall nofexceed 20 oercent of the olantina area. 2. Plant Tvoes. Landscape plantinq shall be camoatible with the character and climate of the Pacific Northwestand comolement the architeCtural desiqn ofstructures on the site. a. - NatiVe Landscapinq: Landscaoinq materials installed sfiall include soecies native to the Puaet Sound lowland recion of the Pacific Northwest or non-invasive soecies that have adaoted to the climactic conditions of the reqion in the followinq minimum amounts: i. 50 oercent of trees. ii. 50 oercent of qround coverand shrubs. b. Trees. Trees planted within ten (10) feet of a oublic street, sidewalk, paved trail, or walkwav shall be a deep-rooted scecies and shall be seoarated from hardscapes bv a root barrier to �revent ohvsical damaae td oublic improvements. 3. Plantinq Size and Soacina. In order to balance both an immediate effect of a landscaoe installation and to allow sustained arowth of olantinq materials. minimum olant material sizes and olant soacinq are as follows: a. Trees. Trees shall be a minimum of one and one-half in diameter breast heiaht (dbh) at the time of plantinq. Everareen trees shall be a minimum of four to six feet in heiaht at the.time of plantinq and mav inGude either broadleaf or conifer. Tree spacina within the perimeter olanters alono streets and abutGna residential orooertv shall be olanted no further aDart I on center than the mature diameter of the or000sed species. b. Shrubs. Shrubs shall be a minimum of 18 inches in heiaht, or two pallon size containers. at the time of�lantinq. c. Groundcover. Groundcover means low evemreen or deciduous olantinqs and shall be �lanted from either 4-inch oot with 12-inch spacinq or 1-qallon �ot with 18-inch s�acina. Altemative s�acina of oarticular soecies mav be approved bv the citv if documentation concerninq the effectiveness of the ground cover is submitted with the landscace olan. d'. Additional Soacinc Provisions. i. Tree size and sqacinq at installation shall be increased bv the citv where needed to ensure visual access for vehicles and oedestrians and orovide clear vision at street, access tracts and dri4ewav intersections(siaht distance trianglesl. ii. Trees or shrubs with a full-0rown heiaht eaual to or areater than 30 inches shall not be olanted in anv siaht distance trianale. Siqht distance trianales are determined in conforrnance with the Citv of Aubum Enqineerina Desian Standards. Chaoter 10. iii A minimum distance of 15 feet is required from the mature diameter of trees and the center of street liaht standards. 4. Landscaoina Reaui�ements for Parkina Areas. a. General Parking Lot Candsca�inq Standards. i. All oarkina lot landscaoe areas shall be orotected with vertical or extruded concrete curbs or eauivalent barriers. Bumoer blocks shell not be used as a substitute for curbinq and boundarv around the landscaped area: ii A�I oarkina lot landscaoinc must be located between oarkinq stalls. at the end ot rows of oarkinq or between the end of rows of stalis and fhe prooertv line. iii. The maximum distance between anv �arkina stall and reauired oarkina area landscaoinq shall beno more than 50 feet. Ordinance No. 6387 December 14, 2011 Page 6 of 15 iv. Shrubs. qround covec or.'lawn shall be olanted to cover each �arkina lot olantinq area usinq the olantina size and soacina requirements soecific in ACC 18.50.040 3. above. All arounii cover-shall have a mature heiaFit of not more than 24 inches. v.. Modifications to orotect drainaaefeatures. easemeMs, or utilitv facilities mav be allowed: Modifications that reduce landscape area or olant material shall be made ua elsewhere on-site. if oossible: � vi: ?he reauirements of this section shall not aoolv to o2rkina aaraces or to displav areas.for automotive and equipment sales•and rentals that are speoifcallv desiqned. aooroved and cons4rucfed for fhe disolav ouroose and that do not reduce reaui�ed landscape areas. b. Soecific Parkinq Lot Landscaoina Standarcls. I Table 18.50.040 B Soecific Parkina Lot Landscanlna Standards I � I 12 caACina stal�s or No reauirement � � Minimum olanter width:6 Treea shall be�orovided at 13-75 oaitcirm stalls �°�°�surtaca oerkino stalls feet Ma rata of a minimum of one - (exclusive�of dreulation) cer olarrter and/or one oer - - 100 sauare feat of ulanter. 10%of sulfeCB oaAcina 7rees shell b6 orovided at � 76 oarklna stel�s or �Ils(exdusive of � Minimum olanter width:6 t�e rate of a minimum of one m� � i � feet oer olarrter and/or one oer 1 D ua of lan er. 5 Landscaoinq for Outdoor Storaqe Areas. Recreational Vehicle Parkinq and Refuse Areas. a Outdoor storaae areas and recreational vehicle oarkina areas must be screened from view from adiacent streets and.from all residentiallv zoned land bv a minimum six (6) foot wide landsca�e buffec This laniJsoape tiuffer shall contain everqreen trees or tall shrubs, a minimum of six feet in heiqht at the time of plantinq. which will orovide a 100 percent sipht- obscurina screen within three vears from the time of �lantinq is reauired: or a combination of evera�een trees or deciduous trees olanted 20 feet on center with no more than.30 oercent beinq deciduous and backed bv a 100 oercent siqht-obscurinq fence. In addition to the trees. shrubs shall be planted at fou�-foot spaCinq, in all directions, and a�oundcover orovided. b. Outdoor storaqe areas abuttinq the Interurban Trail (reqardless of the zonina of the Interurban T2il) and other future trails connectinq to the Interurban Trail sha�l have a minimum 10-foot wide landscape buffer containinq the olantina materials soeci6ed in ACC 18.50.040 5(a). above. c. Trash containers, dumosters, trash comoactors. and recvclinq bins associated with multiplex. multi-unit residential. and nonresidential uses must be screened from �ublic view on all sides with a solid fence wall or.aate constructed of cedar. redwood, masonry, oc other similar building material reflectinq 4he overall desiqn of the site, and be aoorooriatelv landscaoed (ea. climbina vines, arborvitae. etcl. 6 Irriaation. No oortion of anv iandsca�ed area shall be located further awav than — SO feet from a source of water adequate to irriaate the landscaoina. The source of water mav be Ordinance No. 6387 December 14, 2Q11 Page 7 of 15 a manual (hose connection)or an automatic iRiaafion svstem. (Ord.4914§ 1, 1996; Ord. 4304§ 1(34), (35), 1988; Ord. 4229§2, 1987.) �� �. o �c ....a o on oe�:ae..«;..i �........ � r a i c n���.�.a� � �Q' 6. "—.:r'=�� Ordinance No. 6387 December 14,2D11 Page 8 of 15 . I. ... ..�idwiN � .. i�GG'�r1..1 A9"f�R ^l ��G9 \ . � � � � 1 � ' 18.50.045 Preservation of sis�nificant trees. A. Re4ention. In the reauired cerimeter landscacina area. aoolicants shall retain ali sianificant trees. A siqnificant tree means a healthy evera�een tree. six inches or more in diameter measured four feef above qrade, or a healthv deciduous tree four inches or more in diameter measured four feet above arade. Alders and cottonwoods are excluded from .this definition. If the grade Ievel adioininq a tree to be retained-is to be alfered to a dearee 4hat would endanaer the viabilitv of a tree or trees. then the aoolicant shall consfruct a drv rock wali or rock well arounii the tree. The diameter of this wall or well must be oaoable of�rotecting the tree. Areas devoted to drivewavs. curb cuts, and siaht distance reauirements, utilities and storm drainaae facilities mav be exem�ted from this requirement. Sianificant hees mav also be exemoted from this repuirement if if is determined bv the olannina director based on satisfactorv evidence aursuant toreoort oreoared bv a consultinq arborist certified bv the Intemational SocieN of Arboriculture. The reoort submitted toihe ciri shall demonstrete thesiqnificant tree is: 1. Damaqed: or 2. Diseased: or 3. Has weak struc4ural intearitv that ooses a safetv hazard: If addfional sianificant trees are to tie removed, the aoplicant shall seek aoaroval of an "Alternative landscaoe olan"from 4he�lanninc director under ACC"18.50.080. B. Encroachment into Dripiine:'NO consVUCtion activities shall take olace within the drip line of a tree to be retained without extra arecautions as recommended bv a certified arborist. The ao�licaM mav insfall imcervious or comoactable surtace witliin the area defined bv the drio line when a qualified arborist iietermines that such activities.will not endanaer ffie tree or trees. (See 4he defniEion of"drio line" in ACC 1$.04.318.) C Tree Protection. All sianificant trees that are to be retained must be protected durinq construction bv installation of.a orotective barzicade or fence. This will require oreliminarv identification of fhe �r000sed area of-disturbance for sfaff insoection and aooroval. then installation of a protective barricade or fence before maior-ezcavation with heavv eauioment beains . - Ordinance No.8387 Decemberl4, 2011 . Page 9 of 15 18.50.060 Landscaoina olan reauirements. A. Persons Qualified to Pre�are Landscaoe Plan. A landscape olan sianed bv a licensed landscape architect is not reauired. However. if the olan is determined bv the Citv to be illeaible or inadeauate for review the landscaoe olan shall be oreoared bv a landscape architect licensed in the state of Washinqton, a nurserv orofessional cefified �ursuant to the Washinaton Certified Nurserv Professional oroaram, or a Washinaton State certified landscape technician. B. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and : orrtain ail information specified bv the pianninq director in the aoolication fortn and accom�anvina checklist orovided bv the Ci . �er+ef+t: �-�: Ordinance No. 6387 December 14, 2011 Page 10 of 15 � ���� •_ . . . _ . . (Ord. 6287 § 2, 2010; Ord. 6231 §5, 2009; Ord.4914'§ 1, 1996; Ord.4229§2. 1987.) I 18.50.070 ' Administration and Enforcement. A'.. Performance assurance. Ordinance No. 6387 December 14, 2011 Page 11 of 15 1. The reauired landscaoina must be installed orior to the issuance of the certificate of occu�ancv unless the olanninq director determines that a oerfortnance assurance device will adeauatelv orotect the interests of the ciN: 2. The oerformance assurance device shall onl4be vaiid for a 120-dav oeriod and shall have a value of 100 oercent of the estimated cos4 of the landscaoina to be oerfortned. inclusive of oiantina materials and installation. if the landscaoina has not been installed after the 120 da4s then the assurance device mav be used bv the city to oerform anv necessarv work to imolemerrt the landscaoe olan. This time oeriod can be extended if the Citv determines that: a Installation of the landscacina would not be suocessful due to weattier; or b. Product is not available due to the time of vear. 3. The cerformance assurance device shall be accomoanied bv an aareement arantinc the ciMand its aoents the riaht to enter the orooerty and oertorm work. The aqreement shall also hold the citv harmlese from all claims and exoenses. includihc attorneds fees: 4. Upon comoletion of the reauired landscapina bv the orooertv owner the citv shall release the oerfortnance assurence device. 8. Initial.Maintenance Period and Maintenance Assurance Device. After insNallation of the required landscaoina. the bropertv owner shall comolete an initial maintenance oeriod lastinq one veac The oropertv owner shall comolv wRh the orovisions below: 1. The oro�ertv owrier shall be res�onsible for reolacina anv unhealthv or dead plants for a oeriod of one vear after the inRial olantina. 2. The olannina director shall reauire a maintenance assurance device, unless convertina a sinqle-familv residence to a nonresidential use within the RO district, for a period of one vear ftom the comoletion of olantina in order to ensure comoliance with the reauirements of this section The value of the maintenance assurance device shall equal at least 100 percent of the total landscaoe materials olus installation. 3. If the landscaoina is not beina orooerlv maintaineii. the orooerty owner shall be so notified bv the ciN. If after 30 davs from the citv's notificafion theJandscaoinq is still not beina maintained then the maintenance device mav be used bv the citv to oerform anv NDe of maintenance necessarv to ensu2 comoliance with this chaoter. 4 The maintenance assurance device shall be accomoanied bv an aareement qrantina the citv and its aaents the riqht to enter the �rooertv and �erform anv necessarv work. The aareement shall also hold the cRv harmless from all claims and exoenses. includina attomev's fees. 5. Uoon completion of the on�vear maintenance oeriod. and if maintenance has not been oertormed bv the ci4v. the citv shall release the maintenance assurance device. C. Maintenance of Landscape Area (On-Goina). Landscaping, including trees, shrubs, groundcover, or grass, planted as a requiremeM pursuant to this tiUe, ACC TiUe 16 or ACC TiUe 17 shall be maintained in a healthy, living wndition. gFSwiag-p�eeessAll landscaoinq which, due to accident. damaqe. disease, lack of maintenance, or ofher cause fails to show a healthv apoearance and arowth. shall be replaced. Replacement plants shall conform to all standards that aovem the oriainal olantina installation, aporoved Jandscaoina olan or as aooroved bv the olanninq director. If the landscaoina is not reolaced the propertv owner or desianee shall be subiect to the enforcement orovisions contained in ACC 18.50.070 D. 1. Tree and Shrub Prunina. A permit is not required So orune trees and shrubs on private orooertv Prunina which resulfs in the removal of at least half of the live crown will be Ordinance No. 6387 December 14, 2011 Page 12 of15 considered tree removaf and subiect to the �rovisions in ACC18.50.070 D. Tree oruninq should be oerformed bv a landscaoe contractor. one tFiat is certifietl bv the Intemational Societv of Arbo�culture as a Certified Tree Trimmer or Certified Arborist or other aualified tree expert. 2. Limitations on Allowable`Pruninq. Tree and shrub oNnina shali be aliowed onlv for the followina ourooses: a. Removal of dead wood and diseased. crowed. and weaklv attached trunks and brancties that create a hazard to �rivate orooertv and citizens; b Providina adeauate clearance and visibilitv for safe use of �arkina stalls. travel wavs and'waikwavs for the oassaae of oersons and vehicles; . a Eliminatino treffic siart.visibiliN obstructions: d. Providina adeauate visitiiliN for securiri �atrols: e. Repairinq solit treesand limbs in order to save a tree and its appearance; f. Removinq or severinq tree roots that are'causina damaae to public or qrivate procertv inciudina curbs autters sidewalk drainaae lines and oarkiriq lot surfaces� or q. Providinq visibiiitv for merehant siqns and increasina parkinq lot liqhtinq onlv when the aesthetics of the tree or shrub will not be reduced. 2. Tree t000ina Tree t000ina is orohitiited. exceot under the foilowinq circumstances: a. Branches interferina with utilitv lines; b. Siqnificant cano[iv dieback has occurred: c Storm damaae oc prior incorrect oruninq reauires correction: �D. Enforcement. Violetion of these provisions shall be processed in accordance with the procedures defined under Chapter 1.25 ACC. The property ownec or designee responsible for correcting the violation shall provide a corrective action plan that deflnes how and when the infraction will be Corrected within the time provisions defined by Chapter 1.25 ACC. I 61. The corrective action plan shall be subject to the following replacement ratios: �a. For plants that have died, replacement vegetaGon shaU be at Ieast150 percent of the planting size required of the subject plant material at the time of planting. The plants shall be of the same or similar species to those plants being.replaced, unless altemate species are approved by the planning director. � 2b, For trees or shrubs thathave been excessively pruned, replacement vegetation shall be,at Ieast200 percent of the size of the Vee or shrub lhat was required by city regulations at the time of planting. The Vees or shrubs shali be of the same or similar species of the plants being replaced, unlessalternate species are approved by the planning director. €3. The property owner or designee shall correct the infraction or provide a schedule that defines how and when the irifractiori will be corrected within the time provisions defined by Chapter 1.25 ACC. (Ord. 5777§ 1,2003.) 18.50.080 Altemative landscaoina olan. Ordinance No. 6387 December 14, 2011 Page 13 of 15 The olannina director mav authorize modification of the landscaoe requirements when alternative �lans comolv with the intent of this chapter and: A. The oroaosed Jandscaninq orovides for creative landscaoe desiqn: or B. Incoroorates the increased retention of sipnificant trees and naturallv occurrinq underqrowth; or � C: Incoroorates historic or architectural features such as fountains. sculotures, structures and the like. (Ord. 6287§2,'2010; Ord. 6231 §B, 2009; Ord. 5863§6, 2004.) Section 2. That a new section 18.04:318 of the Aubum. City Code be and the same hereby is created to read as follows: ACC 18.04.318 Drlpline. "Dripline"An area encirGing the-base of a Vee, the minimum extent of which is delineated by a vertical line extending from the ouEer iimit of a tree's branch 6ps down to the ground. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may pe necessary to carry out the ' directions of this legislation. Section 4. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereofto any person or circumstance shall not affect the validiry of the.remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force frve days from and after its passage, approval and publication as provided by law. //I /// ' /// /// Ordinance:No. 6387 _ Decemtie�'14, 2011 Page 14 of15 INTRODUCED: DEC 1 9 2011 PASSED: DEC 1 9 2011 APPROVED: pF,r � o �n�� A� � PETER B. LEINIS MAYOR ATTEST: ���� Ci�L�.�1G._/ , Danielle E: Daskam, City Clerk APP E TO FOR � anief B. Hei , City Att . Published: � LL �"�J� '�� � �� Ordinance No. 6387 December 14, 2011 Page 15 of 15