Fresno County Municipal Code Ch. 13.12 Trees and Shrubs

The following terms when used in this chapter shall have the meaning ascribed to them in this section unless it clearly appears from the context that a different meaning is intended:

A. "County highway" means a highway or road in the county-maintained road system.

B. "Tree" includes ornamental shrub, hedge, plant or vine.

C. "Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

D. "Application rate" means the depth of water applied to a given area, usually measured in inches per hour.

E. "Applied water" means the portion of water supplied by the irrigation system to the landscape.

F. "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of water application.

G. "Backflow prevention device" means a safety device used to prevent pollution or contamination of water supply due to the reverse flow of water from the irrigation system.

H. "Conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

(325,829 gallons/43,560 square feet)/ 12 inches = (0.62)

325,829 gallons = 1 acre foot

43,560 square feet = 1 acre

12 inches = 1 foot

To convert gallons per year to one hundred cubic feet per year, another common billing unit for water, divide gallons per year by seven hundred forty eight. (Seven hundred forty eight gallons = one hundred cubic feet.)

I. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

J. "Effective precipitation" or "usable rainfall" means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape.

K. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil.

L. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the rootball.

M. "Establishment period" means the first year after installing the plant in the landscape.

N. "Estimated applied water use" means the portion of the estimated total water use that is derived form applied water. The estimated applied water use shall not exceed the maximum applied water allowance. The estimated applied water use may be the sum of the water recommended through the irrigation schedule.

O. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.

P. "ET adjustment factor" means a factor of 0.8 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

1. A combined plant-mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.625. Therefore, the ET adjustment factor (.08) = (0.5/0.625).

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

R. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

S. "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 nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

T. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

U. "Irrigation efficiency" means the measurement of the amount of water beneficially used, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.625. Greater irrigation efficiency can be expected from well-designed and maintained systems.

V. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.

W. "Landscaped area" means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.

X. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Y. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

Z. "Maximum applied water allowance" means, for design purposes, the upper limit of annual applied water for the established landscaped area as specified in Section 13.12.060(C)(2). It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

AA. "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.

BB. "Mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation.

CC. "Operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler.

DD. "Owner-provided landscaping" means landscaping installed or contracted by the property owner.

EE. "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures or other nonlandscaped areas.

FF. "Plant factor" means a factor that, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of low water-using plants ranges from 0 to 0.3, for average water-using plants the range is 0.4 to 0.6, and for higher water-using plants the range is 0.7 to 1.0.

GG. "Rain-sensing device" means a system which automatically shuts off the irrigation system when it rains.

HH. "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.

II. "Recreational area" means areas of active play or recreation such as sports fields, schoolyards, picnic grounds, or other areas with intense foot traffic.

JJ. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation, and not intended for human consumption.

KK. "Referenced evapotranspiration" or "ETO" means a standard measurement of environment parameters which affect the water use of plants. ETO is given in inches per day, month or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well-watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

LL. "Rehabilitated landscape" means any relandscaping project that requires a permit.

MM. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

NN. "Soil moisture sensing device" means a device that measures the amount of water in the soils.

OO. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil.

PP. "Sprinkler head" means a device which sprays water through a nozzle.

QQ. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

RR. "Station" means an area served by one valve or by a set of valves that operate simultaneously.

SS. "Turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial rye grass, Red fescue and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass and Buffalo grass are warm-season grasses.

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

UU. "Water conservation concept statement" means a one-page checklist and a narrative summary of the project as shown in Section 13.12.060(C)(1).

(Ord. 92-030, § 1; prior code, § 370)

State Law reference— Section 65594, Gov. Code. Reference: Section 65597, Gov. Code.

The director of public works and planning or designee shall establish in writing a master tree list, identifying the variety of trees deemed by him to be suitable for planting along the county highways and roads, and shall establish written rules and regulations for the planting thereof. In establishing such master tree list and rules and regulations for the planting thereof, the director of public works and planning or designee shall consider the mature height, susceptibility to disease, cultural requirements, cost of maintenance, appearance, shading requirements for energy conservation, and other factors characteristic of the trees proposed and their location with respect to utility installations, road width, intersections, and all other factors bearing upon the suitability of the planting to the end that the highways and roads of the county may become beautified and shaded with appropriate tree plantings compatible with the health, safety and general welfare.

(Ord. 02-023, § 1; Ord. 92-030, § 1; Ord. 0-83-019, § 1; Ord. 619, § 13, 1980; prior code, § 372)

A. The board of supervisors declares and finds that the planting of trees within a highway right-of-way may result in a hazard to the highway user and that it is necessary for persons to secure a permit from the county prior to the planting of trees therein in order to promote and protect the public safety and welfare. It is unlawful for any person to plant or cause to be planted any tree within a highway right-of-way without first securing a permit as provided in this chapter.

B. All permits for the planting of trees upon a highway right-of-way shall be obtained from the director of public works and planning or designee except as provided in Sections 13.12.040 or 13.12.050. The director may impose reasonable conditions to the issuance of a permit including the following items: variety or species, location, maintenance, removal and liability.

(Ord. 02-023, § 1; Ord. 92-030, § 1; Ord. 619, § 14, 1980; prior code, § 373)

The duties of the director of general services, in addition to any other duties set forth in this chapter, shall be as follows:

A. Issue permits to persons for the planting, trimming and removal of trees within the county highway which is declared by resolution of the county to be scenic drive. It is unlawful for any person to plant, trim, prune or remove any tree located upon the county highway within those areas which have been declared by the board of supervisors to be a scenic drive without first having obtained a permit from the director of public works and planning or designee;

B. Encourage the planting of trees along county highways where it will promote the beauty of the highway;

C. Determine the variety, kind and characteristic of trees from the master tree list that may be planted upon the county highway, as well as the grounds and property of the county;

D. Advise the director of public works and planning designee as to the manner of pruning, cutting and removing of trees upon the highway in order to protect the highway user or to promote the beauty of the highway;

E. Plant and care for trees within the county highway declared by the board of supervisors to be a scenic drive; and

F. Maintain all records of the tree board, copies of the master tree list, copies of all permits issued, and a map of the county highways declared to be a landscaped drive or owned by the county in fee simple, showing as nearly as practical the tree plantings thereon including the variety and spacing of all plantings since the enactment of this chapter.

(Ord. 04-003, § 1; Ord. 02-023, § 1; Ord. 92-030, § 1; Ord. 619, § 15, 1980; Ord. 483-A-5, § 1, 1976; prior code, § 374)

Each subdivider hereafter presenting a subdivision which is located within those areas zoned R-1-A, R-1-AH, R-1-B, R-1-C, R-1, R-2, R-3-A, R-3, R-4, T-P and R-P of the zoning ordinance shall, as a condition of approval of the subdivision map, be required to provide for trees in accordance with the county improvement standards to include those trees which provide for energy conservation requirements along the right-of-way of the public streets within such subdivision and upon the side of the streets bordering such subdivisions whether the same are being offered for dedication by the subdivider or have been previously dedicated. In lieu of providing for trees in the manner prescribed in this chapter, the subdivider may pay to the county a fee to be deposited in a special tree fund. The moneys deposited therein shall be expended by the director of public works and planning or designee for the purchase and planting of trees within such subdivision. The amount of such fee shall be determined by the board of supervisors based upon an estimate of cost for the improvement.

(Ord. 02-023, § 1; Ord. 92-030, § 1; Ord. 0-83-019, § 2; Ord. 619, § 16, 1980; prior code, § 375)

A. Applicability.

1. This section shall apply to:

a. Installation of new landscaping in conjunction with development projects that require a permit, including developer-installed landscaping in single-family and multifamily projects, whether installed prior to or after occupancy.

2. Projects subject to this section shall conform to the provisions in subsection B of this section.

3. This section shall not apply to:

a. Owner-provided landscaping at single-family projects;

b. Cemeteries;

c. Registered historical sites;

d. Ecological restoration projects that do not require a permanent irrigation system;

e. Mined-land reclamation projects that do not require a permanent irrigation system;

f. Any project with a landscaped area less than two thousand five hundred square feet.

B. Landscape Documentation Package.

1. A copy of the landscape documentation package conforming to this chapter shall be submitted to the county. No permit shall be issued until the county reviews and approves the landscape documentation package.

2. A copy of the approved landscape documentation package shall be provided by the developer to the property owner along with the record drawings and any other pertinent information.

3. A copy of the water conservation concept statement and the certificate of substantial completion shall be sent by the developer to the local retail water purveyor.

4. Each landscape documentation package shall include the following elements:

a. Waster conservation concept statement;

b. Calculation of the maximum applied water allowance;

c. Calculation of the estimated applied water use;

d. Calculation of the estimated total water use;

e. Landscape design plan;

f. Irrigation design plan;

g. Irrigation schedules;

h. Maintenance schedules;

i. Grading design plan;

j. Certificate of substantial completion (to be submitted after installation of the project).

5. If effective precipitation is included in the calculation of the estimated total water use, then an effective precipitation disclosure statement from the landscape professional and the developer shall be submitted with the landscape documentation package.

C. Elements of Landscape Documentation Package.

1. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the "water conservation statement." It serves as a checklist to verify that the elements of the landscape documentation package have been completed, and it has a narrative summary of the project.

2. The Maximum Applied Water Allowance.

a. A project's maximum applied water allowance shall be calculated using the following formula:

MAWA = (ETO) (0.8) (LA) (0.62) where

Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or schoolyards, where turf provides a playing surface or serves other recreational purposes, may require water in addition to the maximum applied water allowance. A statement shall be included with the landscape design plan designating areas to be used for such purposes and specifying any needed amount of additional water above the maximum applied water allowance.

3. Estimated Applied Water Use.

a. The estimated applied water use shall not exceed the maximum applied water allowance.

b. A calculation of the estimated applied water use shall be submitted with the landscape documentation package. It may be calculated by summing the amount of water recommended in the irrigation schedule.

4. Estimated Total Water Use.

a. A calculation of the estimated total water use shall be submitted with the landscape documentation package. The estimated total water use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation (not to exceed twenty-five percent of the local annual mean precipitation) or may calculated from a formula such as the following:

i. The estimated tote water use for the entire landscaped area equals the sum of the estimated water use of all hydrozones in that landscaped area.

b. If the estimated total water use is greater than the estimated applied water use due to precipitation being included as a source of water, an effective precipitation disclosure statement shall be included in the landscape documentation package.

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

a. Plant Selection and Grouping.

i. Any plants may be used in the landscape, providing the estimated applied water use recommended does not exceed the maximum applied water allowance and that the plants meet the specifications set forth in paragraphs ii through iv below.

ii. Plants having similar water use shall be grouped together in distinct hydrozones.

iii. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter.

iv. 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 local fire departments or the California Department of Forestry.

b. Water Features.

i. Recirculating water shall be used for decorative water features.

ii. Pool and spa covers are encouraged.

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

i. Designation of hydrozones;

ii. 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 and quantities of each group of plants indicated;

iii. Property lines and street names;

iv. Streets, driveways, walkways and other paved areas;

v. Pools, ponds, water features, fences and retaining walls;

vi. Existing and proposed buildings and structures including elevation, if applicable;

vii. Natural features including, but not limited to, rock outcroppings, existing trees, and shrubs that will remain;

viii. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details;

ix. A calculation of the total landscaped area;

x. Designation of recreational areas.

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

a. Irrigation Design Criteria.

i. Runoff and Overspray.

(A) Soil type and infiltration rate shall be considered when designing 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, nonirrigated 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.

(B) Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips.

(C) No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide.

ii. Irrigation Efficiency. For the purpose of determining the maximum water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall designed, maintained and managed to meet or exceed 0.625 efficiency.

iii. Equipment.

(A) Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

(B) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

(C) Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

(D) Rain-Sensing Override Devices. Rain-sensing override devices are recommended where appropriate.

(E) Soil Moisture-Sensing Devices. It is recommended that soil moisture-sensing devices be considered where appropriate.

b. Irrigation Design Plan Specifications.

i. Irrigation systems shall be designed to be consistent with hydrozones.

ii. The irrigation design plan shall be drawn on project base sheets. It should 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.

iii. The irrigation design plan shall accurately and clearly identify:

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

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

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

(D) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.

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

a. 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.

b. The irrigation schedule shall:

i. Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and

ii. Provide the amount of applied water (in hundred cubic feet, gallons or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.

c. The total amount of water for the project shall include water designated in the estimated total water use calculation plus water needed for any water features, which shall be considered as a water-using hydrozone.

d. Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the maximum applied water allowance because of high plant factors (but not due to irrigation inefficiency).

e. Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) whether stations to apply the appropriate levels of water for different climates.

f. Whenever possible, landscape irrigation shall be scheduled between one a.m. and ten a.m. to avoid irrigating during times of high wind or high temperature.

8. Maintenance Schedules. A rear maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package:

a. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; and pruning and weeding in all landscaped areas.

b. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents.

9. Grading Design Plan. Grading design plans satisfying the following conditions shall be submitted as part of the landscape documentation package.

a. A grading design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan.

b. The grading design plan shall indicate finished configurations and elevations of the landscaped area; including the height of graded slopes, drainage patterns, pad elevations, and finish grade.

10. Certification.

a. A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the county. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any observed deficiencies.

b. Certification shall be accomplished by completing a certificate of substantial completion and delivering it to the city or county, to the retail water supplier, and to the owner of record.

D. Effective Precipitation. If effective precipitation is included in the calculation of the estimated total water use, an effective precipitation disclosure statement shall be completed, signed and submitted with the landscape documentation package. No more than twenty-five percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the estimated total water use.

(Ord. 92-030, § 1)