To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of planting.
A. Applicability. These requirements shall apply to new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the second floor;
e. Non-operable windows with obscure glass to a height of five feet above the second floor; and
f. When waivers have been obtained by all affected property owners.
B. Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below.
C. Planting Requirements.
1. Front yard tree planting.
a. The tree shall be twenty-four-inch box or larger, with a minimum height of six feet.
b. The tree shall be planted in front of new second stories in the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree based on a report from an internationally-certified arborist citing conflict with existing mature tree canopies onsite or in the public right-of-way.
2. Privacy planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb.
i. The following is required for all side and rear yard-facing second story windows in the R1-6e zone:
• Cover windows with exterior louvers to a height of five feet above the second floor; or
• Obscure glass to a height of five feet above the second floor; or
• Have a window sill height of five feet minimum above the finished second floor.
b. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list.
c. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
3. Waivers.
a. New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development.
b. Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit.
c. The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location.
4. Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section.
5. Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species.
6. Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development.
(Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)