7-31. WATER EFFICIENT LANDSCAPING

CHAPTER 31. WATER EFFICIENT LANDSCAPING

7-31-1000 PURPOSE:

The purpose of this Chapter is to comply with the California Water Conservation in Landscaping Act, Government Code section 65591 et seq., which requires cities and counties to adopt a water efficient landscape ordinance, adopt findings that a water efficient landscape ordinance is unnecessary, or initiate the enforcement of the state "Model Water Efficient Landscape Ordinance." Because of special conditions that exist in Tulare County, the County has elected to adopt a local ordinance that better addresses local conditions.

7-31-1005 FINDINGS:

The County of Tulare hereby finds that:

(a) Water demands in Tulare County exceed long-term sustainable supplies resulting in groundwater overdraft.

(b) The County’s economic prosperity depends on adequate supplies of water.

(d) Balancing County water demand with the available sustainable supply may require reducing consumptive use.

(e) Urban water use in 1992-93 approximates only 3 percent of the developed water in Tulare County, of which approximately 50 percent is devoted to landscape maintenance.

(f) The percentage of urban water use is projected to increase significantly in the future as more agricultural land is converted to urban use.

(g) Landscapes provide recreation areas, clean the air and water, prevent erosion, offer fire protection, replace ecosystems displaced by development, and provide aesthetically pleasing communities.

(h) Landscape design, installation, and maintenance can and should be water efficient.

7-31-1010 INTENT:

Consistent with the above findings, the intent of this Chapter is to:

(a) Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible.

(b) Establish a structure for designing, installing, and maintaining water efficient landscapes in new projects.

(c) Establish public education provisions to encourage efficient water management practices and water waste prevention for established landscapes.

7-31-1015 LANDSCAPE WATER POLICY:

Water is vital to California’s economy, environment, and quality of life. Water shortages and increasing demands on the available water supply call for conservation and efficient use by all water users in the state. Water deficiency is a major problem in Tulare County where long-term water demand exceeds the developed supply. This deficiency is currently compensated for by over drafting groundwater; a situation that cannot be sustained as water tables fall to levels where pumping costs may become prohibitive for irrigating crops. As water tables fall, it is likely that many shallow wells with rock bases which are adjacent to the foothills may permanently go dry.

Balancing local water supplies with demands will not be easy. The likelihood of developing additional water supplies in Tulare County is remote for the immediate future if not for many years. The potential for conserving much water through the elimination of waste in Tulare County is limited because most agricultural and urban runoff and deep percolation losses are recovered for reuse.

Although the hydrologic basin is highly efficient, the shortage in long-term sustainable supply makes it imperative that all water in Tulare County be used prudently and wisely for beneficial use. As of 1992-93, agriculture is by far the largest user of water in the County and constitutes the major economic beneficial use. Water in lakes, streams, and that used by native riparian, foothill, mountain, and valley vegetation provides significant environmental benefits. Water used in and around urban communities, rural areas, and businesses is also recognized as important beneficial uses.

As of 1992-93, approximately 50 percent of water used in cities and rural communities in the County is devoted to environmental and recreational landscaping, uses beneficial to health and lifestyle. However, in general, more water is used irrigating landscapes than is necessary. Through implementing xeriscape and water efficient concepts, water use in landscapes can be significantly reduced without reducing the benefits of landscaping. It is the policy of Tulare County to promote such water saving concepts.

7-31-1020 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a) "Distribution uniformity" provides a measurement of how evenly water is applied to an irrigated area. It is determined by calculating the average of the low quarter (lowest 25%) divided by the average of the sample in a catch can test as described in section ii.C of the Tulare County Landscaping Standards. For the purposes of this Chapter, distribution uniformity may be used to estimate the irrigation efficiency of sprinkler systems where runoff is minimal, and is to exceed 60 percent.

(b) "Ecological restoration project" means a project where the site is intentionally altered to establish or reestablish a defined, indigenous, historic ecosystem.

(c) "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

(d) "Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

(e) "Graywater" or "recycled untreated water" means untreated household waste water which has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and which does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes waste water from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs. Using waste water from kitchen sinks or dishwashers for landscaping is prohibited.

(f) "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.

(g) "Hydrozone classification" means the designation of a hydrozone on the basis of the water use requirements of the plant materials grouped therein. For the purposes of this Chapter, hydrozone classifications are determined by the highest water use type of plant material in an area that is controlled by an irrigation valve. Hydrozones shall be classified as "low (L)," "medium (M)," and "high (H)" with reference to water consumption.

(h) "Irrigation efficiency" means the proportion of applied irrigation water that actually goes to satisfy the water needs of the irrigated plant (beneficial use). If all the water applied by the system were beneficially used, the irrigation efficiency would be 100 percent. Irrigation efficiency for purposes of this Chapter is to exceed 60 percent. Greater irrigation efficiency can be expected from well designed and maintained systems.

(i) "Landscaped area" means the entire parcel less the building footprint, driveways, and non-irrigated portions of parking lots. Water features and hardscapes, such as decks, patios and walkways, are included in the calculation of the landscaped area. Areas dedicated to the production of food and fibers are not included.

(j) "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975, Public Resources Code section 2710 et seq. as amended from time to time, and Chapter 25 of Part VII of the Ordinance Code of the County of Tulare, as such Chapter is amended from time to time.

(k) "Mulch" means any material such as leaves, bark chips, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation and runoff, and in some cases, improving water infiltration rates.

(l) "Owner provided landscaping" means landscaping installed or contracted for by the property owner.

(m) "Reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption.

(n) "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

(o) "Recreational area" means areas of active play or recreation such as parks, playgrounds, sports fields, golf courses, school yards, picnic grounds, or other areas where turf provides a playing surface or serves other recreational purposes.

(p) "Rehabilitated landscape" means any relandscaping done in conjunction with any public agency or private development project that requires a permit.

(q) "Tulare County Landscape Standards" means those standards, tests and directions pertaining to water usage and landscaping adopted and amended from time to time by resolution of the Tulare County Board of Supervisors.

(r) "Turf" or "turfgrass" means a surface layer of earth containing mowed grass with its roots. Kentucky bluegrass, perennial ryegrass, fine fescues, tall fescues, and bentgrass are cool-season grasses. Bermudagrass, Bahiagrass, St. Augustinegrass, zoysiagrass, buffalograss, and bermudagrass hybrids are warm-season grasses.

(s) "Valve" means a device used to control the flow of water in the irrigation system.

(t) "Water conservation concept statement" means a one-page checklist and a narrative summary of the project as required in section 7-31-1040.

(u) "Xeriscape" means landscape design which adheres to the seven principles of xeriscape as described in section 7-31-1040.

7-31-1025 REGULATION:

Except as provided in section 7-31-1030, this Chapter shall apply to the following effective on and after July 1, 1993:

(a) All new and rehabilitated landscaping in conjunction with public agency projects and private development projects that require a building permit.

(b) Developer- or builder-installed landscaping in multi-family projects, whether installed prior to or after occupancy.

7-31-1030 SAME: EXEMPTIONS:

Projects that are exempted from, but encouraged to use these regulations as guidelines, are the following:

(a) Single family residential projects except for common open space areas as provided in section 7-31-1025(c).

(b) Homeowner-provided landscaping at multi-family projects.

(d) Registered historical sites.

(e) Ecological restoration projects that do not require a permanent irrigation system.

(f) Mined-land reclamation projects that do not require a permanent irrigation system; or

(g) Any project with a landscaped area less than 2,500 square feet.

7-31-1035 SAME: APPLICATION: LANDSCAPE DOCUMENTATION PACKAGE:

A landscape documentation package conforming to this chapter shall be submitted to the County of Tulare as part of the building permit application. The Director of Planning and Development shall prescribe the forms and contents required in the landscape documentation package. No permit shall be issued until the County Director of Planning and Development reviews and approves the landscape documentation package. Compliance with the landscape design plan and the irrigation design plan approved by the Director of Planning and Development as part of the landscape documentation package shall become conditions of the building permit.

7-31-1040 SAME: LANDSCAPE DOCUMENTATION PACKAGE: ELEMENTS:

Each landscape documentation package shall include the following elements:

(a) A Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the Water Conservation Concept Statement. It shall serve as a checklist to verify that the elements of the landscape documentation package have been completed and shall include a narrative summary of the project.

(b) Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package:

(1) Xeriscape Concept. To promote water conservation, all vegetation installed shall follow xeriscape principles for reduced total water consumption. These principles include:

(A) Design the landscape by dividing it into high, moderate, and low-water use zones and by taking advantage of "micro-climates" caused by different conditions of sun, slope, moisture, and air movement.

(B) Irrigate efficiently.

(D) Limit turf to practical areas.

(E) Use mulches.

(F) Select appropriate plants.

(G) Maintain the landscape appropriately (monitor the irrigation system and water according to needs).

(2) Site Preparation. Site preparation shall adhere to the following requirements:

(A) Soils. Soils on site shall be referenced to the Tulare County Soils Map, available at the County Planning and Development Department.

(B) Soil modifications. Any special soil modifications, such as ripping, adding soil amendments, and organic matter should be noted. In areas where water infiltration rates are low, soil modification is strongly recommended to improve water penetration.

(C) Mulches. A mulch of at least three inches should be applied to all planting areas except turf. See below for mulch requirements on mounds.

(D) Mounds. The following provisions are applicable to mounds:

(i) Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems.

(ii) Mounded slopes with turf are not to exceed a 1:8 slope. Mounds planted with groundcovers are not to exceed a 1:5 slope. Steeper slopes may be allowed if planted or protected for erosion control and non-irrigated, or irrigated by drip or sprinkler systems that apply water at a rate equal to or lower than soil infiltration rates.

(iii) Mounds are to be moderately compacted prior to planting to prevent excessive settlement. To reduce runoff, till in a minimum of 1 inch of suitable organic matter into the top 6 inches of soil on the entire surface of the mound, and apply an additional 2 inches of mulch on top.

(E) Plastic Film. Plastic film is not to be used under woodchips. Landscape erosion/weed control cloth or netting is allowed.

(F) Grading and Drainage. Landscape sites should be graded to maximize the retention of rainfall on the property. Proper grading, drainage, and disposal must be provided to handle runoff water from buildings, parking lots, and drives. For example, a properly designed and graded artificial "dry creek bed" in the landscape can provide a low area for runoff to accumulate and percolate to groundwater. In rural areas, runoff water should be diverted to the landscaped area, adjacent farm land, a stormwater retention basin, and/or community stormwater drainage facilities, where available. If the site is relatively level and the soil permeable, special provisions for handling heavy rainfalls may not be needed.

(3) Plant Selection and Grouping. Any plants may be used in the landscape provided the total landscaping meets the specifications set forth below.

(A) Hydrozones. Plants having similar water use requirements shall be grouped together in distinct hydrozones unless irrigation system emitters are specifically tailored to specific plants.

(B) Hydrozone Classification. Hydrozones shall be classified according to the highest water use type of plant material in an area that is controlled by an irrigation valve, based on the following criteria:

(i) "H" hydrozone designation for areas where calculated water use exceeds 70 percent historical referenced seasonal evapotranspiration (ET0).

(ii) "M" hydrozone designation for areas where calculated water use ranges from 40 to 70 percent referenced seasonal ET0.

(iii) "L" hydrozone designation for areas where calculated water use is less than 40 percent ET0. Section III.a of the Tulare County Landscape Standards provide information on the relative water requirements of commonly used plants.

(C) Plant Selection. Plants shall be selected appropriately based upon their adaptability to climatic, soil, and topographical conditions of the site. Protection and preservation of native species such as oaks, and natural areas is encouraged.

(D) Fire Prevention. Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the California Department of Forestry. A pamphlet on fire prevention guidelines for landscapes will be made available to applicants upon request.

(E) Turf. Warm season turf grasses which are dormant in winter are preferred over cool season turf grasses due to reduced water consumption.

(F) Foothill Landscaping. Foothill landscaping should be planted for fire prevention and for low water use.

(4) Water Features. All water features, including ponds, pools, and artificial lakes, shall be designated as "H" hydrozone(s). Decorative water features shall use recirculating water. Pool and spa covers are encouraged.

(5) Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies:

(A) Property lines and street names.

(B) Existing and proposed buildings and structures, driveways and parking lots including elevation if applicable.

(C) Natural features including but not limited to rock outcroppings, and existing trees and shrubs that will remain. All trees to be removed shall be noted.

(D) Any grading features, indicating finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade.

(E) Hardscapes, such as patios, decks, walkways, dry creek beds, gravel coverings, and other non-planted areas.

(F) Landscape features including fences, retaining walls, and pools, ponds, and other water features.

(G) Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, quantities of each group of plants indicated, and either a "H", "M", or "L" to indicate water use requirements.

(H) Plant installation, soil preparation details, and any other applicable planting and installation details which may affect watering practices.

(I) Designation of recreational areas.

(J) Designation of hydrozones, including "H", "M", and "L" classification labels.

(K) A calculation of the total landscaped area, and a calculation of the landscaped area in each hydrozone.

(c) Hydrozone Percentage Calculations. Hydrozone percentage calculations meeting the following water use criteria shall be submitted as part of the landscape documentation package.

(1) Total water consumption for the landscaped area shall not exceed that as if the entire area were designed for the "M" hydrozone. Thus, the percentage of hydrozone "H" must be balanced by an equivalent or greater percentage of hydrozone "L." A higher percentage of hydrozone "H" may be allowed if the applicant can demonstrate that the water consumption of the overall landscape will not exceed the annual water consumption (gal/sq.ft.) of the "M" hydrozone as shown in Table 2 of the Tulare County Landscape Standards. Recreational areas or water features may be allowed a higher percentage of hydrozone "H" if it can be shown that water conservation measures have been instituted which substantially comply with the purposes of this Chapter.

(2) The overall percentage of each type of hydrozone (H, M, or L) present in the landscape design plan shall be calculated by summing the landscaped area in each hydrozone classification, dividing this total by the total landscaped area, and multiplying by 100.

(d) Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package.

(1) Irrigation Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. Water infiltration rates vary considerably throughout the County based on factors such as soil type, source of irrigation water (water quality), soil organic matter, and soil modification. Where infiltration rates are low, it is necessary to use low precipitation rate irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide.

(2) Irrigation Efficiency. Irrigation systems shall be designed, maintained, and managed to exceed 60 percent efficiency. For purposes of this Chapter, distribution uniformity is used to estimate the irrigation efficiency of sprinkler systems in accordance with sections III.B and III.C of the Tulare County Landscape Standards.

(3) Equipment.

(A) Water meters. Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet.

(B) Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers capable of dual or multiple programming are recommended. Controllers must have multiple cycle capabilities and a flexible calendar program.

(C) Valves. Separate valves are required for different hydrozones (H, M, L) and for different methods of irrigation (sprinkler, drip, bubbler). Anti-drain (check) valves shall be installed where necessary to minimize or prevent low-head drainage.

(D) Sprinkler Systems. Landscape sprinkler system distribution uniformity (DU) must exceed 60 percent. Section III.B of the Tulare County Landscape Standards provide additional information regarding distribution uniformity. A well designed system could achieve 70 percent DU or higher if properly operated. Operating pressures, flow rates, pipe sizing, and head spacings should be in accordance with manufacturers recommendations. For high efficiency, precipitation rates of heads must match. To determine distribution uniformity, a "catch can test" is required as described in section III.C of the Tulare County Landscape Standards.

(E) Bubbler Systems. Bubbler heads must be matched and spaced to provide a uniform application rate throughout the irrigated area. To do this, estimate the water requirement of plants in the hydrozone (multiply the square footage of the hydrozone by the appropriate gals/sq.ft. in Table 2 of the Tulare County Landscape Standards), and then design and operate the system to apply the water required.

(F) Drip and Micro Sprinklers (Low Volume). Drip and micro sprinklers are generally designed to deliver water to individual shrubs or trees on a daily basis. To determine the amount of water required per day per plant, it is necessary to estimate the daily water use in accordance with section III.D of the Tulare County Landscape Standards. The system should then be designed and operated to provide the required amount of water to individual plants. In adjusting the system for efficiency, it is suggested to use an 80 percent IE factor. In addition to high efficiency, a major advantage of low volume systems is that they can be tailored for mixed plantings of differing individual plant water requirements, as explained in section III.D of the Tulare County Landscape Standards.

(4) Graywater. The use of graywater may be considered on an individual case basis upon approval by the Tulare County Health Department.

(5) Irrigation Design Plan Specifications. Sprinkler systems shall be designed to be consistent with hydrozones and soil infiltration rates. Bubbler or low volume systems shall be tailored to specifically match individual or group plant requirements. The irrigation design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan described in section 7-31-1040(b)(5). The irrigation design plan shall accurately and clearly identify:

(A) Location and size of all hydrozones, indicating which valve(s) will service each zone.

(B) Location and size of separate water meters for the landscape.

(C) Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.

(D) Static water pressure at the point of connection to the public water supply.

(E) Application rate (sprinklers--inches per hour; drip emitters and microsprinklers--gallons per hour).

(e) Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape documentation package.

(1) An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The schedules shall be based on historic ETo figures for Tulare County shown in Table 2 of the Tulare County Landscape Standards.

(2) The irrigation schedule shall by month, indicate water demand, system application rate, run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station.

(3) Whenever possible, landscape irrigation shall be scheduled between 10:00 p.m. and 6:00 a.m. to avoid irrigating during times of high wind or high temperature.

(4) The irrigation schedule shall observe any other County ordinance affecting times and/or days of application, and any other water conservation measures that might be adopted.

(f) Maintenance Schedule. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package.

(1) Landscape irrigation systems shall be maintained to ensure high water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller as needed to fit ET requirements; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas.

(2) Repair of irrigation equipment shall be done with the originally specified materials or their equivalents. Particular attention should be given to accurately match heads and emitters when replacing.

7-31-1045 SAME: CERTIFICATE OF SUBSTANTIAL COMPLETION:

Upon completing the installation of the landscaping and the irrigation system, a licensed Landscape Architect or Contractor (State Contractor Specialty License Class C 27), certified irrigation designer, or other licensed or certified professional in a related field, including general building contractors (State Contractor Class B license), shall provide a Certificate of Substantial Completion to the County in the form prescribed by the Director of Planning and Development. No certificate of occupancy shall be issued for any project for which this Chapter is applicable until the Certificate of Substantial Completion has been submitted. A temporary certificate of occupancy may be issued where completion of the landscaping work is delayed because of adverse weather or the season of the year. The Certificate shall specifically indicate that plants were installed and soil amended as specified, that the irrigation system was installed as designed, and list any observed deficiencies. Certification shall be accomplished by completing a Certificate of Substantial Completion and delivering it to the County and to the Owner of Record.

7-31-1050 SAME: ALTERNATIVE COMPLIANCE:

If the applicant desires to install landscaping not in compliance with this Chapter, he/she may utilize the State of California Model Water Efficient Landscape Ordinance in lieu of this Chapter. Administration of the State Model Ordinance would require certification and auditing by qualified professionals, at the applicant’s expense, with appropriate verification to be submitted to the County for approval in lieu of the landscape documentation package.

7-31-1055 PUBLIC EDUCATION:

(a) Publications

(1) The County shall provide information to all project applicants regarding the design, installation, and maintenance of water efficient landscapes.

(2) Information about water efficient landscaping shall be provided to the public on request.

(b) Model Homes. At least one model home that is landscaped in each tract consisting of eight or more lots shall demonstrate via signs and information the principles of water efficient landscapes described in this Chapter:

(1) Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment and others which contribute to the overall water efficient theme.

(2) Information shall be provided about design, installation, and maintenance of water efficient landscapes.

7-31-1060 FEES:

A landscape documentation package checking fee of Ninety Dollars ($90.00) shall be submitted at the time the package is filed with the Director of Planning and Development in order to recover costs associated with the implementation of this Chapter.

7-31-1065 APPEALS:

Any final determination made by the Director of Planning and Development pursuant to the provisions of this Chapter may be appealed under and in accordance with the provisions of section 7-15-1050 of this Ordinance Code.