§ 35-476. Landscape Plans.

(a)

Application. If the landscaping standards apply to a building site, a landscape plan must be submitted to the director of planning and development services with the application for a permit for work on the site. All landscape plans shall comply with the mandatory provisions of Appendix "B" to this chapter.

(b)

Completeness Review. Completeness review shall be governed by this section and section 35-402, to the extent not inconsistent with this section. The director of planning and development services shall review the landscaping plan for completeness within five (5) days. The landscaping plan may be reviewed for completeness concurrent with the application for approval of a building permit. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(c)

Processing Procedures Prior to Building Permit. When a landscape plan is required, the plan must be submitted to and approved by the director of planning and development services before a building permit is issued for the work. The director of planning and development services shall review the landscape plan to verify compliance with all requirements of this section prior to the issuance of a building permit. A building permit shall not be issued for the construction or alteration of a building within the city unless the director of planning and development services approves the landscape plan verifying that the applicant's plan complies with this article.

(d)

Processing Procedures Prior to Certificate of Occupancy.

(1)

Generally. Except as provided below, no final certificate of occupancy shall be issued by the director of planning and development services for the occupancy of a new or altered building unless the plant and screening materials required by this article have been provided. In addition a letter from a licensed irrigator certifying that the irrigation system was installed in accordance with the certified landscape plan prior to the issuance of a certificate of occupancy, the director of planning and development services shall inspect the building site to verify compliance with the approved landscape plan.

(2)

Temporary Certificate of Occupancy. The director of planning and development services may issue a temporary certificate of occupancy with a term up to six (6) months if the owner provides a signed affidavit certifying that the required work shall be completed within that time. The director of planning and development services may renew the temporary certificate of occupancy for one (1) additional six-month period due to unusual circumstances. If at the end of the period authorized for the temporary certificate of occupancy the required landscaping has not been installed the property owner shall be in violation of this chapter.

(3)

Permanent Certificate of Occupancy. A permanent certificate of occupancy may be issued prior to the installation of required plant and screening materials when a lending institution will not accept a temporary certificate of occupancy for permanent financing. In those instances, the applicant shall present an affidavit signed by an officer of the lending institution stating their requirement for a permanent certificate of occupancy.

(4)

Affidavit. In addition to the affidavit from the lending institution, the property owner shall also provide an affidavit acknowledging that if the required plantings and screening are not installed and approved within six (6) months from the date the permanent certificate of occupancy is issued, the certificate of occupancy may be revoked and the property owner shall be in violation of this chapter. The owner's affidavit shall also acknowledge that failure to comply with the ordinance shall authorize the director of planning and development services to disconnect utility services in addition to other judicial remedies.

(Ord. No. 95573 § 7 Amendment "G") (Ord No. 98697 § 4 and 6)