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1 <br /> <br /> <br /> STAFF REPORT <br /> DATE: 2/4/2025 <br /> Consent <br /> <br />TO: City Council <br />FROM: Sarah Evenson (HKGI) & Ashley Monterusso, City Planner <br />AGENDA ITEM: Zoning Text Amendments - Landscaping <br />REVIEWED BY: Sophia Jensen, Senior City Planner <br /> Jason Stopa, Community Development Director <br /> Miranda Moulis, Planning Assistant <br /> <br /> <br />BACKGROUND: <br />The City has initiated a zoning text amendment to Article VIII Environmental Performance <br />Standards to correct dated language, update standards, and clarify planting/plan standards. The <br />Planning Commission recommended approval for amendments on November 13, 2024. The City <br />Council tabled the item on December 3, 2024 in order for staff to correct a minor change to the <br />ordinance and explore if any additional measures should be taken with regard to landscaping <br />warranties. Staff determined no further changes should be made at this time. <br /> <br />Staff has reviewed the process for warranty inspections and the proposed amendments to section <br />105.12.480 (i) remain the same as what was presented upon last review. <br /> <br /> Most essential to the warranty process are the initial inspection and subsequent acceptance of the <br />landscaping to start the 2-year warranty (and release 75% of the surety), and the close-out <br />inspection to release the remaining 25% surety. The City’s Landscape Architect may conduct <br />inspections in the year between initial acceptance and 2-year close-out, especially if complaints <br />are received, in order to enforce the code requirement that the developer correct all non-compliant <br />landscaping within 60 days of notification. In the past, it has sometimes taken more than one <br />growing season to make necessary corrections; however with the addition of the pre-installation <br />meeting between the City’s landscape architect and the contractor along with the pre-installation <br />check-list, we hope to see improved understanding of expectations and requirements and increased <br />success in obtaining initial acceptance to start the 2-year warranty in a timely manner. This will <br />also improve the likelihood that installed plant material remains healthy through the entire <br />warranty, reducing the issues we have been seeing at year 1. <br /> <br />We have only received two requests in recent memory for partial surety release in advance of the <br />2-year close-out. In most cases, the remaining 25% surety is not lucrative enough to motivate <br />developers to try to get a portion of this money back early. Achieving initial acceptance and the <br />corresponding 75% surety award reflects the largest amount of effort on the part of the developer, <br />installer, and inspector to ensure that all required landscaping is installed per the approved <br />landscape plan. <br /> <br /> <br />ISSUE BEFORE THE CITY COUNCIL: <br />The City Council is being asked to make a determination on the proposed amendments.