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(1) New developments with existing vegetation on the site are encouraged to preserve and integrate the vegetation into the design of the development. The following credit shall be given for preservation of existing vegetation:

(a) For each tree preserved on the development site, the development will be relieved from planting requirements for 2 trees as specified in all of the following:

1. EC 9.6420(3)(c) Parking Area Landscaping Along Street and Driveway Entrances.

2. EC 9.6420(3)(d) Perimeter Parking Area Landscaping.

3. EC 9.6420(3)(e) Interior Parking Area Landscaping.

(b) For each square foot of root area preserved in an unaltered state around the tree, the development will be relieved from providing 2 square feet of planting area as specified in EC 9.6420(3)(e) Interior Parking Area Landscaping.

(c) Areas containing mature native vegetation shall not be required to provide irrigation.

(d) For development sites where 35% or more of the developable area is required to be retained in open space due to standards in this code related to natural resource protection, including tree protection measures, the development will be relieved from providing the landscaping associated with EC 9.6420(3)(e) Interior Parking Area Landscaping.

(2) Contractors/developers who choose to preserve significant vegetation on the site, including heritage trees, shall:

(a) Submit a detailed tree preservation and planting plan, with the development permit application, that shows the trees and other vegetation to be preserved and planted. The planning and development director shall determine whether the vegetation to be preserved conforms to the definition for significant vegetation or heritage tree.

(b) Follow the planning and development director’s recommendations to insure that no cutting, filling, compaction or other disturbance of soil takes place in an area that exceeds 30% of the critical root zone area of the tree. Alteration of the soil within the critical root zone area shall require submittal of a tree preservation plan for mitigative actions to preserve the tree. The tree preservation plan shall address drainage compaction, fertilization, pruning and design measures that will be taken to insure the continued health of the tree before and after the critical root zone area is disturbed.

(c) Execute an agreement with the city to replace any significant tree or heritage tree that dies within 5 years of the date the agreement is signed. For trees determined to be significant, replacement trees shall be provided at the rate of 2 new trees for each tree lost. The replacement ratio for heritage trees is variable; the number of heritage replacement trees shall be equal to the number credited, as provided in EC 9.6215 or any adjustments made pursuant to EC 9.8030(3) Landscape Standards Adjustment. The location of replacement trees shall be determined prior to execution of the agreement. If a reasonable location for the replacement trees cannot be found on the site, the value equal to the number of trees credited shall be given to the city for the planting of trees on public property.

(Section 9.6240, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)